or scientific purposes under certain conditions; R.

A 7170 authorizes the

PROPERTY legacy or donation of human organs after death or for transplant as well
as the advancement of research, medical and dental education and
therapy.
Property defined: All things which are (already in the possession of
man) or may be (susceptible of appropriation) the objects of
RIGHTS AS PROPERTY
appropriation are considered as property either as immovable or
movable.
Appropriation defined: equivalent to occupation; willful apprehension Property includes not only material objects, but also rights (although
of a corporeal object which has no owner with the intent to acquire these are merely relations). However, only rights which are
ownership. PATRIMONIAL in nature can be considered as property. Otherwise,
they are not (e.g. (family rights, right to life, liberty).
Thing Property
Generic sense: all Includes not only things Classification of Rights:
objects that exist which which are already 1. Real rights (jus in re): interest belonging to a person over a specific
can be of UTILITY to possessed by man, but thing without a definite passive subject against whom such right may
men. also those which are be personally enforced (e.g. ownership).
Juridical sense: all susceptible of being
objects that exist which possessed by man. Elements:
can be of UTILITY to a. Ownership of an object by a subject.
men and CAPABLE of b. General obligation of respect, there being no particular
APPROPRIATION. passive subject.
c. Effective actions against anyone who may want to disturb it.
For purposes of distinction, thing should be understood in its generic
sense.
2. Personal rights (jus in personam/ad rem): the power of a person
(creditor) to demand from another (debtor) as a definite passive subject,
Requisites of property:
the fulfillment of the latters obligation; the right of obligation.
1. Utility capable of satisfying human needs (e.g. food, shelter,
and clothing).
Elements:
2. Individuality/substantivity quality of having existence apart
a. Subjects consisting of active (creditor-obligee) and passive
from any other thing or property (e.g. parts of the human body
(debtor-obligor).
may, within the limits prescribed by law, become property only
b. There is a particular passive subject who is bound to observe
when separated from the body of the person to whom they
the obligation.
belong).
c. Effective actions against the passive subject.
3. Appropriability susceptibility of being possessed by men.
Hence, diffused forces of nature in their totality cannot be
considered as property (e.g. air, lightning).
An object cannot be considered as property because of PHYSICAL REAL RIGHTS DISTINCTIONS PERSONAL
IMPOSSIBILITY (e.g. res communes) or LEGAL IMPOSSIBILITY (e.g. A definite active Number of A definite active
human body). subject; the rest of persons involved subject and
the world as passive subject.
Res communes common things which are not capable of passive subject.
appropriation in their entirety (e.g. air, lightning) although they may be Generally, Object involved Intangible thing
appropriated under certain conditions in a limited way (e.g. oxygen, corporeal things (prestation)
electricity). In case of the latter, they become property. By mode or title Causes of By title only
creation
Res nullius that which has no owner because it has not yet been Real actions Nature of actions Personal actions
appropriated (e.g. hidden treasure, wild animals, fish in the ocean), or against third against the definite
because it has been lost or abandoned by the owner. It constitutes persons passive subject
property as long as it is susceptible of being possessed for the use of By the loss or Methods of By other causes
man. destruction of the extinguishment
property
Res alicujus objects already owned or possessed by men.

THE HUMAN BODY CLASSIFICATION OF THINGS

During lifetime: RULE: it is NOT a property. Hence, cannot be Spiritual Ecclesiastical

appropriated. EXCEPTION: within the limits prescribed by Directly influences the Sacred
law. R.A.7719 promotes voluntary blood donation; service contracts religious submission of men Religious
(e.g. modeling). such as sacraments and Holy
prayers. Temporal
After death: RULE: still, NOT a property by reason of public policy.
Personality of a man demands respect even after death. EXCEPTION:
within the limits prescribed by law. R.A 349 legalizes permission of use
human organs or any portion of the human body for medical, surgical,
These are personal prestations, or acts or services productive of utility.
They are not manifest to the senses, but are conceived only by the
understanding.
Requisites:
a. External it is a manifested act.
b. Personal done by the debtor himself.
c. Possible can be done both in nature and in law.
As to OWNERSHIP:
a. Common created by Nature for the use of all; res
communes (e.g. sun).
b. Public owned by the State for the use of its inhabitants
either directly (e.g. roads) or indirectly (e.g. fortress).
c. Private owned by private individuals.
d. Nullius no owner; res nullius (e.g. hidden treasure).
e. Corporate owned collectively either as patrimonial (e.g.
properties of LGUs held in a private capacity) or communal
(e.g. plazas).
As to IMMOBILITY:
a. Immovable cannot be transferred from place to place
because of the nature, incorporation, destination or by
analogy.
b. Movable can be moved from place to place.
c. Semi-movable those which move by themselves (e.g.
animals).
As to NUMBER:
a. Universal several things collectively form a single object in
law under one name (e.g. inheritance).
b. Generic that which indicates its homogenous nature (e.g. a
house).
c. Specific that which indicates the specie or its nature and
the individual (e.g. the house at #6 Upper Malvar).
As to EXISTENCE:
a. Present actually exists physically or legally.
b. Future do not actually exist by whose existence can
reasonably be expected (e.g. ungathered fruits).
As to DIVISIBILITY:
a. Divisible can be divided physically or juridically without
injury to their nature (e.g. inheritance).
b. Indivisible - cannot be divided without destroying their nature
or rendering the fulfillment of the juridical relation (e.g. horse).
As to IMPORTANCE:
a. Principal - those which other things are dependent (e.g. the
land on which a house is built).
b. Accessory dependent upon the principal (e.g. the house
built on the land).
As to PURPOSE or HOMOGENEITY of SPECIE:
a. Fungible belong to a common genus permitting substitution
(e.g. grains).
b. Non-fungible specifically determined and cannot be
substituted (e.g. lands).
As to CONSUMABILITY or NATURE:
a. Consumables those which are used by consumption (e.g.
food).
b. Non-consumables not consumed by use (e.g. money).
As to ALIENABILITY:
a. Within the commerce of man can be the object of juridical
relations.
b. Outside the commerce of man cannot be the object of
juridical relations.
CLASSIFICATION OF PROPERTY
Tests:
a. Immovable - cannot be transferred from place to place.
b. Movable excluded from the enumeration of immovable and can
be moved from place to place without damage thereto.
c. Mixed/semi-movable - those which move by themselves (both
immovable and movable in nature).
IMMOVABLE PROPERTY
(1) By NATURE it cannot be carried from place to place.
a. Lands, buildings, roads and constructions (adhered to the
soil).
b. Mines, quarries and slag dumps, while the matter thereof
forms part of the bed, and waters either running or stagnant.
The materials constituting a building which is the subject of
demolition are movable.
A structure which is merely superimposed, not adhered, to the soil
may be considered movable.
(2) By INCORPORATION essentially movables but are attached to
an immovable in a fixed manner to be an integral part thereof.
a. Constructions (adhered to the soil).
b. Trees, plants and growing fruits while they are attached to the
land or form an integral part of an immovable.
c. REX VINTA: Everything attached to an immovable in a fixed
manner in such a way that it cannot be separated therefrom
without breaking the material or deterioration of the object.
d. Animal houses or breeding places, in case the owner has
placed them or preserve them with the INTENTION to attach
them permanently tot the land, and the ANIMALS in these
places.
e. Statutes, reliefs painting or other objects for USE or
ORNAMENTATION, placed in a building or on lands, by
the OWNER of the immovable in such a manner that it
reveals the INTENTION to attach them permanently to the
tenements.
These are immovable both by
incorporation and by destination. As distinguished from REX VINTA,
these can generally be separated from the immovable without breaking
the object. These objects become immobilized only when placed in the
tenement by the owner of such tenement. When placed by a mere
holder (e.g. tenant), these objects do not become immovable property
UNLESS such person acts as an AGENT of the owner (e.g. lease of
land with stipulation that the lessee will construct improvements which
will become the property of the lessor).
Trees and plants are immovable only when they are attached to the
land. When they have been cut or uprooted, they become movable,
EXCEPT when timber constitutes the natural product of the tenement,
in which case, it still forms an integral part of the immovable.
 For purposes of the Chattel Mortgage Law, ungathered fruits may
be considered as movable. Classification according to purpose:

a. Fungibles - belong to a common genus permitting substitution of

(3) By DESTINATION essentially movables but are placed in an
immovable as an added utility.
a. Indirect utility: Statutes, reliefs painting or other objects
for USE or ORNAMENTATION, placed in a building or on
lands, by the OWNER of the immovable in such a manner
that it reveals the INTENTION to attach them permanently to
the tenements.
b. Direct utility: Machinery, instruments or implements
INTENDED by the owner of the tenement for an INDUSTRY
or WORKS which may be carried on in a building or land, and
which tend DIRECTLY to meet the needs of such industry or
works.
c. Animal houses or breeding places, in case the owner has
placed or preserved them with the INTENTION to attach them
permanently to the land, and the ANIMALS in these places.
d. Fertilizers ACTUALLY used on a piece of land.
e. Docks and structures which, though floating, are INTENDED
by their nature and object to remain at a fixed place on a river,
lake or coast.
(4) By ANALOGY - classified by express provision of law because it
is regarded as united to the immovable property.
a. Contracts for public works.
b. Servitudes.
c. Real rights over immovable property.
MOVABLE PROPERTY
(1) General Rule: all things which can be transported from place to
place without impairment of the real property to which they are
fixed.
(2) Exclusions: those movables susceptible of appropriation which
are not included in the enumeration of immovables.
(3) Special: real property which by any special provisions of law is
considered as personalty.
(4) In parts: forces of nature which are brought under control by
science.
(5) Obligations (credits) and actions (replevin) which have for
their object movables (corporeal or intangible) or
demandable sums.
These are really personal rights because they have a
definite passive subject (e.g. intellectual property).
(6) Shares of stocks or interests in juridical entities.
the same kind, quantity and quality; (e.g. 10 bottles of wine).
b. Non-fungibles specifically determined and cannot be
substituted (e.g. 10 bottles of wine which I have in my room).
PROPERTY CLASSIFIED ACCORDING TO OWNERSHIP
PUBLIC
NATIONAL/STATE
1. Property of public dominion:
a. For public use (e.g. roads, canals, rivers).
b. For public service (e.g. public buildings).
c. For the development of the national wealth.
N.B. Regalian Doctrine
2. Patrimonial property: used by the State as a juridical person in its
private capacity (e.g. property acquired through escheat proceedings,
tax sales). It is the property which the State has the same rights, and
of which it may dispose, to the same extent as private individuals
according to laws and regulations on the procedure of exercising such
rights. Hence, it is subject to the principles on private properties (e.g.
subject to prescription.
CONCEPTS ON PUBLIC DOMINION
a. Public dominion does not import the idea of ownership. Property
of public dominion is not owned by the State but simply under its
jurisdiction and administration for the collective enjoyment of all
the people of the State of which it is the territorial sovereign.
b. The purpose of property of public dominion is not to serve the
State as a juridical person but the citizens. It is intended for the
common and public welfare so it cannot be the object of
appropriation either by the State or by private persons.
c. The relation of the State to this property arises from the fact that
the State is the juridical representative of the social group and as
such it takes care of and preserves the same and regulates its
use for the general welfare.
d. Properties of public dominion are outside the commerce of men.
Hence:
Cannot be sold, leased or otherwise be the subject matter of
contracts.
Cannot be acquired thru prescription not even by municipalities
against the State.
Cannot be attached or sold at public auction to satisfy a judgment.
Otherwise, essential governmental services would be jeopardized.
Cannot be burdened by easements.
Cannot be registered under the land registration law and be the
subject of a Torrens title.

Classification as to nature: PUBLIC LAND GOVERNMENT LAND

Uniformly used to describe the A broader term. It includes not
a. Consumable cannot be used in a manner appropriate to their national domain under the only public lands but also other
nature without being consumed. legislative power of Congress lands of the government
Consumable goods cannot be the subject matter of a contract as has not been subjected to already reserved, or devoted
of commodatum unless the purpose of the contract is not the private right or devoted to to public use, or subject to
consumption of the object as when it is merely for exhibition. public use. it is equivalent to private rights. It includes
lands of the public domain. It patrimonial lands.
b. Non-consumable - not consumed by use. refers to lands as are thrown
 open to private appropriation
and settlement by homestead
land other laws.
CONVERSION OF PROPERTY OF PUBLIC DOMINION TO
PATRIMONIAL PROPERTY
a. Formal declaration by the legislative department of the
government that the property of the State is no longer needed for
public use or for public service. Otherwise, the property continues
to be of public dominion notwithstanding the fact that it is not
actually devoted for such use or service.
b. In case of political subdivisions, the conversion must be
authorized by law
PUBLIC
LOCAL
1. Property for public use: provincial roads, city streets, squares,
fountains, public waters, promenades, public works for public
service paid for by such political subdivision.
2. Patrimonial property: used by the political subdivision as a
juridical person in its private capacity (e.g. property acquired
through escheat proceedings, tax sales). It is the property which
the unit has the same rights, and of which it may dispose, to the
same extent as private individuals according to laws and
regulations on the procedure of exercising such rights. Hence, it
is subject to the principles on private properties (e.g. subject to
prescription.
The principles governing property of public dominion of the State
are applicable to property of public use of the political subdivisions.
Political subdivisions cannot register as their own any part of the
public domain, unless it is first shown that a grant thereof has been
made or possession has been enjoyed during the period
necessary to establish a presumption of ownership.
They have no authority to control or regulate the use of public
properties unless specific authority is vested upon them by
Congress.
PROPERTY OF PRIVATE OWNERSHIP
This refers to all property belonging to private persons either
individually or collectively and those belonging to the State and any of
its political subdivisions which are patrimonial in nature.
PROVISIONS COMMON TO THE THREE PRECEDING
CHAPTERS
Whenever the word muebles or furniture, is used alone, it shall not
be deemed to include money, credits, commercial securities, stocks
and bonds, jewelry, collections (scientific or artistic), books, medals,
arms, clothing, horses or carriages and their accessories, grains,
liquids and merchandise, or other things which do not have as their
principal object the furnishing or ornamenting of a building EXCEPT
when the contrary intention appears.
OWNERSHIP
Definition: The independent right of a person to the exclusive
enjoyment and control of a thing including its disposition and recovery
subject only to the restrictions established by law and the rights of
others.
Objects: Ownership may be exercised over THINGS or RIGHTS.
Attributes of ownership:
1. Right to enjoy includes right to use and enjoy (jus utendi), right
to the fruits (jus fruendi), right to accessories (jus accessiones)
and right to consume by use (jus abutendi), within the limits
prescribed by law; includes the right to exclude any person from
the enjoyment and disposal thereof.
Jus accessiones: The ownership of property gives the right by
accession to everything which is produced thereby, or which is
incorporated or attached thereto, either naturally or artificially.
Right to possess: the right to hold a thing or enjoy a right; It may be
exercise in ones own name or in the name of the other; possession
may be in the concept of an owner or a mere holder with the ownership
pertaining to another; right to possess does not always include the right
to use.
2. Right to dispose (jus disponendi) the power of the OWNER to
alienate, encumber, transfer and even destroy the thing owned,
totally or partially, within the limits prescribed by law; includes right
not to dispose.
3. Right of action (jus vindicandi) given by the law to the person
whose property has been wrongfully taken from him against any
person unlawfully detaining it even if the possession of the latter
has been legalized by conveyance, either to recover damages or
the possession of the property; the right of action can be
transferred.
However, the person who claims the he has a better right to the
property must prove (burden of proof) his title thereto. Accordingly, a
person in peaceful possession of property must be respected in his
possession until a competent court rules for his ouster.
ACTIONS FOR POSSESSION
1. Ejectment cases:
a. Forcible entry A person deprived of the possession of any land
or building by force, intimidation, stealth, threat and strategy
(FISTS).
b. Unlawful detainer Any landlord, vendor, vendee or other person
against whom the possession of any land or building is unlawfully
withheld after the expiration or termination of the right to hold
possession by virtue of any contract, express or implied.
Period to file action: Within 1 year after such unlawful deprivation or
withholding of possession, commencing from the time of last demand
(oral or written; direct or indirect) to vacate. No demand is necessary
for a lessee to vacate when it is specifically provided for in the
agreement.
Prayer: for the restitution of possession, with damages and
costs. However, the only damages that can be recovered in an
Ejectment suit are the fair rental value or the reasonable compensation
for the use and occupation of the real property. Other damages must
be claimed in an ordinary action.
The defendant, however, may set up a counterclaim for moral damages
and recover it if it is within the jurisdiction of the court.
Jurisdiction: MTC (summary proceedings). Whatever the amount of
plaintiffs damages will not affect the courts jurisdiction.
Issue: Physical possession. The decision in such action is res
judicata in the question of possession.
Sublessees are bound by the judgment rendered against the lessee
in an ejectment case even if they were not made parties thereto.
2. Accion publiciana (plenary action): whenever the owner is
dispossessed by any other means (e.g. possession is due to
tolerance of the owner) other than FISTS, he may maintain this
action to recover possession without waiting for the expiration of 1
year before commencing this suit. It may also be brought after the
expiration of 1 year if no action had been instituted for forcible
entry or unlawful detainer.
3. Accion reinvindicatoria: action for recovery of dominion over
the property as owner.
This action should be filed in case of refusal of a party to deliver
possession of property due to an adverse claim of ownership.
A suit to recover possession of a parcel of land as an element of
ownership is a reinvindicatory action.
4. Writ of possession: A writ of possession is improper to eject
another from possession except in the following cases:
a. After the land has been registered under the Torrens system of
registration.
b. Extrajudicial foreclosure of mortgage.
c. Judicial foreclosure of mortgage provided that the mortgagor has
possession and no 3rd party intervened.
d. Execution sales.
5. Writ of injunction: injunction is not a proper remedy for the
recovery of possession. But where the plaintiff is admittedly the
owner of the property, and is in possession thereof, he is entitled
to the equitable remedy of injunction to prevent or restrain acts of
trespass and illegal interference by others with the possession of
the property.
RIGHT TO ENCLOSE OR FENCE: Every owner may enclose or
fence his land or tenements by any reasonable means subject to the
right of others to existing servitudes imposed on the land or
tenement.
RIGHT TO SPACE, SUBSOIL, AND SURFACE RIGHTS OF A
LAND OWNER: The owner of a parcel of land is the owner of its
surface and of everything under it, and he can construct thereon any
works or make any plantations and excavations which he may deem
proper, without detriment to servitudes and subject to special laws
and ordinances. He cannot complain of the reasonable requirement
of aerial navigation.
Economic utility: The right of the landowner extends to the
space and subsoil as far as necessary for his practical interests, or
to the point where it is possible to assert his dominion; beyond these
limits, he would have no legal interest.
The right of the owner of a parcel of land to construct any works
or make any plantations and excavations on his land is subject to:
a. Existing servitudes or easements.
b. Special laws.
c. Local ordinances.
d. The reasonable requirements of aerial navigation.
e. Rights of third persons.
Regalian doctrine: All minerals and other natural resources found
either in public or private lands are owned by the State.
DISPUTABLE PRESUMPTION OF OWNERSHIP
Requisites:
1. There must be actual (physical or material) possession of
the property.
2. The possession must be under claim of ownership.
Hence, the true owner must resort to judicial process for the
recovery of the property.
REQUISITES FOR ACTION TO RECOVER
1. Identity of the property.
2. Strength of plaintiffs title (proof of ownership).
Evidence to prove ownership: ownership may be proved by
any evidence admissible in law.
a. Torrens title.
b. Title from the Spanish Government.
c. Patent duly registered in the Registry of Property by the
grantee.
d. Deed of sale.
e. Long possession.
Tax declarations are not conclusive proof of ownership.
However, when coupled with possession for a period sufficient
for prescription, they become strong evidence of ownership.
Also, the failure of a person to declare land for taxation may be
admitted to show that he is not the owner thereof.
LIMITATIONS ON THE RIGHT OF OWNERSHIP
1. Those imposed in general by the State in the exercise of the
power of taxation, police power, and power of eminent domain.
2. Those imposed by law such as legal easements and the
requirement of legitime in succession.
3. Those imposed by the grantor of the property on the grantee,
either by contract or by last will.
4. Those imposed by the owner himself, such as voluntary
easement, mortgage, pledge and lease.
5. Those arising from conflicts of private rights such as those which
take place in accession continua or those caused by contiguity of
property.
6. Prohibition against the acquisition of private lands by aliens.
OBLIGATION TO RESPECT THE RIGHTS OF OTHERS: The owner
of a thing cannot make use thereof in such a manner as to injure the
rights of a 3rd person.
This is based on the police power of the State.
It does not apply where the owner of a thing makes use of it in a
lawful manner for then it cannot be said that the manner of the use is
such as to injure the rights of a third person.
RIGHT TO SPACE, SUBSOIL, AND SURFACE RIGHTS OF A LAND
OWNER: The right of the owner of a parcel of land to construct any
works or make any plantations and excavations on his land is subject
to:
a. Existing servitudes or easements.
b. Special laws.
c. Local ordinances.
d. The reasonable requirements of aerial navigation.
e. Rights of third persons.
If the prohibition is to alienate the property is perpetual, it is
considered as void. The maximum period of inalienability, when
imposed by will, is 20 years, unless a fideicomissary substitution has
been established. The same principle, by analogy, can apply to any
other gratuitous disposition such as donation, unless the donor
provides for reversion (Art. 757), in which case, a longer period may be
allowed.
In mortgage contracts, a stipulation forbidding the owner from
alienating the property mortgaged is void (Art. 2130).
Where the stipulation on inalienability is valid, the property is NOT
subject to attachment. Otherwise, the prohibition to alienate would be
illusory.
PRINCIPLE OF SELF HELP
Who may avail? The OWNER or LAWFUL POSSESSOR of a thing.
Right involved: RIGHT TO EXCLUDE any person from the
ENJOYMENT and DISPOSAL thereof.
Self-help: For this purpose, he may use such force as may
be reasonably necessary to repel or prevent an actual or threatened
UNLAWFUL physical invasion or usurpation of his property.
Requisites of self-help:
1. Owner must be lawful possessor.
2. Owner must use only reasonable force.
3. There must be actual or threatened physical invasion or
usurpation.
4. Can only be exercised at the time of an actual or threatened
dispossession or immediately after the dispossession has taken
place.
The actual invasion of property may consist of a mere disturbance
of possession or of real dispossession. In the first case, the force may
be used as long as the disturbance continues. In the second case, the
force to regain possession can be used only immediately after the
dispossession. Once the usurpers possession has become firm by
lapse of time, the lawful possessor must resort to the competent
authority to recover his property.
The principle of self defense in the RPC covers not only defense of
a mans person but also extends to his rights including the right of
property.
Self-help doctrine is MODIFIED by the principle of state of necessity,
and the condemnation of property through the exercise of State powers
(eminent domain and police power).
STATE OF NECESSITY
The owner of a thing has no right to prohibit the interference of
another with the same, if the interference is necessary to avert an
imminent hanger, and the threatened damage, compared to the
damage arising to the owner from the interference, is much greater.
State of necessity prevails over the principle of self-help.
Right of the owner: Demand from the person benefited indemnity for
the damage to him. Exception: Tolentino If the owner of the property
causing the danger would have been responsible for damages if the
danger had not been averted (e.g. to prevent inundation, demolition of
a dam constructed without authority. The owner of the dam need not
be indemnified).
Requisites:
1. The interference is necessary.
2. The damage to another is much greater than the damage to the
property.
The seriousness or gravity of the danger must be much greater than
the damage to the property affected or destroyed by the protective act.
Danger to life is always greater than damage to property.
If through an error, one believed himself to be in a state of necessity,
or used excessive means, his act would be illicit, and the owner of the
property can use the principle of self-help.
The law does not require that the person acting in a state of
necessity be free from negligence in the creation of the threatened
danger.
EXERCISE OF STATE POWERS
EMINENT DOMAIN: No person shall be deprived of his property except
by competent authority and fro public use and always upon payment of
just compensation.
Should this requirement be not complied with, the courts shall protect
and, in proper cases, restore the owner in his possession.
POLICE POWER: When any property is condemned or seized by
competent authority in the interest of health, safety or security, the
owner thereof shall not be entitled to compensation, unless he can
show that such condemnation or seizure is unjustified.
Requisites:
1. The interest of the public in general, as distinguished from those
of a particular class, requires such interference.
2. The means employed are reasonably necessary for the
accomplishment of a purpose, and not unduly oppressive upon
individuals.
 RIGHTS TO HIDDEN TREASURE
Concept: Treasure consists of money, jewels, or other precious
objects which are hidden and unknown, such that their finding is a real
discovery.
Rules:
a. The treasure belongs to the owner of the land if he is the finder.
b. The finder is entitled to 1/2 if he is not the owner of the land,
provided the discovery is by chance.
c. If the finder is a trespasser, he shall not be entitled to any share
of the treasure.
d. If the things found be of interest to science or the arts, the State
may acquire them at their just price, which shall be divided equally
among the land owner and the finder.
e. By chance means by good luck; there must be no purpose or
intent to look for treasure. If it does, the finder, who is not the land
owner, becomes a trespasser.
f. The Code Commission do not preclude a finder who hunts for
hidden treasure; But the one who looks for hidden treasure on the
property of another should have the latters permission, since a
trespasser is not entitled to any share in the hidden treasure he
may find.
g. If the land owner gave his permission to the treasure hunter, the
latter is entitled to 1/2 because this is still a case of by chance.
h. The rule is different if the finder is unaware of the hidden treasure
and he was commissioned by the land owner to look for treasure.
If the finder was so ordered by the owner, his only right is to be
paid his salary, unless a contrary intention appears in the
agreement.
i. If the finder is a lessee or usufructuary, the latter gets 1/2; if found
by another person other than the lessee or usufructuary, 1/2 goes
to him and 1/2 goes to the owner of the property on which it was
found.
j. With respect to the term other precious objects it would refer
only to movables which are similar to money or jewelry (ejusdem
generis rule); they include things of interest to science or the arts.
k. The deposit must be hidden and unknown, since if the treasure
is purposely hidden, the owner may recover it from the finder
unless he has abandoned the property or considered it lost without
hope of ever finding it.
l. Where the things discovered do not qualify as hidden treasure,
the rules on occupation would apply.
RIGHT OF ACCESSION
Definition: The right of the owner of a thing, real or personal, to
become the owner of everything which is produced thereby, or which is
incorporated or attached thereto, either naturally or artificially.
ACCESSION ACCESSORY
The fruits of, or additions to, or Things joined to, or included
improvements upon, a thing with the principal thing for the
(the principal) in its three forms latters embellishment, better
of building, planting and sowing. use, or completion.
Not necessary to the principal The accessory and the principal
thing. must go together.
Both can exist only in relation to the principal.
Since the law itself gives the right, accession may, in a sense, be
considered as a mode of acquiring property under the law.
Kinds of Accession
1. Accession discreta extension of the right of ownership to the
products of a thing.
Based on the principle of justice for it is only just that the owner of
a thing should also own whatever it produces.
Divisions: Natural fruits, industrial fruits, and civil fruits.
2. Accession continua the acquisition of ownership over a thing
incorporated to that which belongs to the owner.
Based on convenience, necessity and utility, for it is more practical
that the owner of the principal should also own the accessory instead
of a co-ownership.
a. With respect to real property, it may either be.
I. Accession industrial (building, planting, sowing).
II. Accession natural (alluvium, avulsion/by force of river,
change of river course, and formation of islands).
b. With respect to personal property, it may be:
I. Conjunction or adjunction.
II. Commixtion or confusion.
III. Specification
Basic principles on accession:
a. The owner of a thing owns the extension or increase of such
thing.
b. Accessory follows the principal.
c. The incorporation of the accessory with the principal is effected
only when two things are so united that they cannot be separated
without injuring or destroying the juridical nature of one of them.
ACCESSION DISCRETA
RIGHT OF OWNER TO THE FRUITS
Fruits: include all the products of things, the benefits from rights, and
the advantage derived from the use of a thing.
Divisions: Natural fruits, industrial fruits, and civil fruits.
General rule: All fruits belong to the OWNER of a thing.
The fruits may either be in the form of damages suffered by the
owner of a land.
Exceptions:
a. Possessor in good faith.
b. Usufructuary.
c. Lessee.
d. Pledgee.
e. Creditor in Antichresis.
 Natural fruits:
a. The spontaneous products of the soil.
b. The young and other products of the soil.
Under the rule partus sequitur ventrem, to the owner of
female animals would also belong the young of such animals
although this right is lost when the owner mixes his cattle with
those of another.
Industrial fruits The products of lands of any kind which are
produced through cultivation or labor.
Standing trees are not fruits since they are considered
immovables although they produce fruits themselves. However,
they may be considered as industrial fruits when they are
cultivated or exploited to carry on an industry.
Civil fruits:
a. Rents of buildings.
b. Prices of leases (rents) of lands and other property
(including movables).
c. Amount of perpetual or life annuities or other similar
income.
Payment of Expenses: He who receives the fruits has the obligation
to pay the expenses made by a third person in their production,
gathering and preservation.
Expenses covered:
a. Dedicated to the annual production, and not for the
improvement of the property.
b. Not unnecessary, excessive, of for pure luxury.
c. Required by the condition of the work or the cultivation made.
This rule may apply where the owner of the property recovers the
same from a possessor who has not yet received the fruits although
they may have already gathered or harvested.
The rule is in keeping with the principle on unjust enrichment.
Effect of bad faith:
a. If the fruits have not yet been gathered at the time the owner
recovers possession from a possessor in bad faith, he does not
have to pay for production expenses since a possessor in bad
faith loses that which has been planted or sown, without right to
any indemnity whatsoever, except for necessary expenses of
preservation.
The land owner acquires the fruits by accession.
b. If the fruits are already severed or gathered, and are ordered
turned over to the owner of the land by the possessor in bad faith,
the latter is entitled to be reimbursed and may deduct his
expenses of cultivation, gathering and preservation.
Even where such expenses exceed the value of the fruits, the owner
must pay the expenses just the same because the law makes no
distinction.
Moreover, he who is entitled to the benefits and advantages must
assume the risks and losses, the owner, however, may free himself of
the expenses by permitting the possessor to complete the harvesting
and gathering of the fruits for him.
WHEN NATURAL AND INDUSTRIAL FRUITS DEEMED TO
EXIST: Only such as are manifest or born are considered as natural or
industrial fruits. With respect to animals, it is sufficient that they are in
the womb of the mother, although unborn.
Civil fruits are easily prorated for they are deemed to accrue daily
and belong to the possessor in good faith in that proportion.
ACCESSION CONTINUA (INDUSTRIAL)
IMMOVABLE PROPERTY
BUILDING, PLANTING, SOWING
General Rule: Whatever is built, planted or sown on the land of
another and the improvements or repairs made thereon belong to the
owner of the land.
The owner of the land must be known, otherwise no decision can
be rendered on the ownership of the thing planted, built or sown until
a hearing shall have been accorded to whosoever is entitled thereto.
Presumption: All works, sowing, and planting are presumed made by
the owner and at his expense, unless the contrary is proved.
a. The works were made by the owner based on positive law; a
land naturally has an owner and the law accordingly presumes that
he made the works, sowing or planting.
b. They were made at the owners expense as a general rule. It
cannot be said that one who builds, plants or sows on anothers
land will do so at his expense but for the benefit of the owner;
hence, it must be presumed that what is built, planted or sown is
done at the expense of the owner although the one who did so
was a third person.
RIGHTS WHERE THE LAND OWNER MAKES USE OF THE
MATERIALS BELONGING TO ANOTHER IN PLANTING,
CONSTRUCTING OR WORKING
Both parties in good faith: The land owner becomes the owner of the
materials but shall pay their value; However, the owner of the materials
shall have the right to remove them but only in case he can do so
without injury to the plantings, constructions or work.
Hence, the owner of the materials is entitled to:
a. Reimbursement for the value of the materials; OR
b. Removal of the materials if the same can be done without injury
to the plantings, constructions or work.
Land owner in bad faith and owner of the materials in good
faith: He becomes the owner of the materials but he shall be obliged
to pay their value plus reparation for damages; However, the owner of
the materials may remove them even if the removal may cause injury
to the plantings, constructions or work.
Hence, the owner of the materials is entitled to:
a. Reimbursement for the value of the materials plus reparation for
damages; OR
b. Removal of the materials whether or not injury could be caused
plus reparation for damages.
Landowner in good faith and the owner of materials in bad
faith: The latter would be liable for any consequential damages,
without right of removal.
Both parties in bad faith: They shall both be treated as being in good
faith.
The owner cannot offer to return the materials instead of paying their
value; Nevertheless, if the materials have not been damaged or
transformed and can be returned in their original condition, the
landowner may do so at his expense, even without the consent of the
owner of the materials.
What is bad faith?
On the part of the land owner: If he knew that he had no right to make
use of such materials.
On the part of the owner of the materials: If the materials were used by
another in his presence, with his knowledge and forbearance, and
without opposition on his part.
RIGHTS OF BUILDER, SOWER OR PLANTER (BSP)
WHERE THE CONSTRUCTION, PLANTING OR SOWING IS
MADE IN A LAND BELONGING TO ANOTHER
BOTH PARTIES IN GOOD FAITH
It is the owner of the land who is allowed to exercise the option
because his right is older and because by the principle of accession, he
is entitled to the ownership of the accessory thing.
The landowner is given an option, either:
a. To appropriate the improvement as his own upon payment of the
required indemnity: necessary and useful expenses; luxurious
expenses shall not be refunded but may be removed if the same
can be done without injury to the principal, unless the land owner
gives refund thereof;
Hence, the BSP is entitled to:
I. Reimbursement for the value of the improvement; AND
II. Reimbursement for necessary and useful expenses; luxurious
expenses shall not be refunded but may be removed if the same
can be done without injury to the principal, unless the land
owner gives refund.
The obligation to pay indemnity is a personal obligation. Hence, as
a rule, cannot be transferred.
Right of retention: Only the BSP in good faith may retain both the land
and the improvements even against the real owner until the indemnity
has been paid in full by the landowner who has elected to appropriate
the improvements. Consequently, the land owner has no right to
demand payment of rents for the occupation of the land.
Where the improvements have been destroyed by a fortuitous event
without the fault of the landowner, the right of retention is extinguished;
hence, there is no other recourse for him but to vacate the premises
and deliver the land to its owner.
During the period of retention, the BSP is not necessarily a
possessor in good faith. Hence, if he receives fruits from the property,
he is obliged to account for such fruits, so that the amount thereof may
be deducted from the amount of indemnity to be paid to him by the
owner of the land.
b. OR, To oblige the sower to pay the proper rent, and the builder or
planter to pay the price of the land unless the value of the land is
considerably more than what has been built or planted. In the latter
case, the builder or planter shall pay reasonable rent, unless the
owner appropriates the improvement.
In the event of the failure of the builder or planter to pay after the
land owner opted to sell the land, the latter is entitled to removal of the
improvement.
c. In case the BSP is required to pay reasonable rent, a lease
relationship is created. In case the parties cannot agree on the
terms of the lease, the Court shall fix such terms.
The improvements herein must be of a permanent character.
Otherwise, there is no accession and the builder or planter must
remove the construction.
In case of eminent domain, land owner cannot exercise option a.
In case there is a contractual relation, the provisions of such
agreement shall be followed; the mentioned rules apply even if the land
owner is the government.
BSP IN BAD FAITH AND LAND OWNER IN GOOD FAITH
Rule: He who builds, sows or plants in bad faith on the land of another,
loses what is built, planted or sown without right to indemnity.
As a matter of justice, however, BSP is entitled to reimbursement for
necessary expenses of preservation of the land incurred by him but
without the right of retention.
Effect to the fruits:
a. If the fruits have not yet been gathered, the land owner does not
have to pay for production expenses since a BSP in bad faith
loses that which has been planted or sown, without right to any
indemnity whatsoever, except for necessary expenses of
preservation.
The land owner acquires the fruits by accession.
b. If the fruits are already severed or gathered by the BSP in bad
faith, but they are ordered to be turned-over to the land owner, the
former is entitled to be reimbursement for expenses of cultivation,
gathering and preservation.
ALTERNATIVE RIGHTS OF LANDOWNER
1. To appropriate what has been built, sown, or planted in bad faith
without any obligation to pay any indemnity except for necessary
expenses for the preservation of the land, plus damages
2. To ask the removal or demolition of what has been built, planted
or sown in order to replace things in their former condition at the
BSPs expense, plus damages.
3. To compel the sower to pay the proper rent, and the builder or
planter to pay the value of the land, whether or not the value of the
land is considerably more than the value of the
improvements, plus damages.
Hence, the BSP in bad faith has the following liabilities:
1. He loses what is built, planted or sown without right to indemnity,
except for necessary expenses.
2. He may be required to recover or demolish the work in order to
replace things in their former condition at his own expense.
3. He may be compelled to pay the price of the land, and in the case
of the sower, to pay the rent.
4. He is liable for damages.
BOTH PARTIES IN BAD FAITH
Their rights shall be determined as if both acted in good faith.
What is bad faith?
On the part of the land owner: whenever the act was done with his
knowledge and without opposition on his part.
On the part of the BSP: when he builds, sows, or plants, knowing that
the land does not belong to him and he has no right to build, sow or
plant thereon.
LANDOWNER IN BAD FAITH BUT BSP IN GOOD FAITH
The land owner is considered as having made the building, sowing or
planting, and the BSP shall be considered as the owner of the
materials. Hence, the land owner shall pay the value of the materials
plus damages because of his bad faith. However, the owner of the
materials may remove them even if the removal may cause injury to the
plantings, constructions or work.
Hence, the BSP is entitled to:
a. Reimbursement for the value of the materials plus reparation for
damages; OR
b. Removal of the materials whether or not injury could be caused
plus reparation for damages.
WHERE LANDOWNER, BSP AND OWNER OF MATERIALS
ARE DIFFERENT PERSONS
Owner of materials acted in good faith regardless of the good or
bad faith of the land owner or BSP:
The owner of the materials is entitled to reimbursement for the value of
the materials principally from the BSP because he is the one who made
use of the same, and subsidiarily from the land owner, if the BSP has
no property with which to pay.
Owner of materials acted in bad faith but the land owner and the
BSP are in good faith:
The owner of the materials forfeits his rights thereto without the right to
be indemnified as if he himself built, planted, or sowed in bad faith.
BSP acted in bad faith but Land owner and owner of the materials
acted in good faith:
a. If the land owner appropriates the accession, BSP shall be
principally liable to the owner of the materials for their value plus
damages. In case of insolvency of the BSP, the land owner shall
be subsidiarily liable to the owner of the materials for their value
but NOT for damages for he acted in good faith. BSP is also liable
to the owner of the land for damages.
b. If the land owner elects to have the improvement removed, the
materials will revert to their owner. The latter will be entitled to
damages from the BSP.
Land owner acted in good faith but owner of the materials and BSP
acted in bad faith:
a. The land owner can exercise his alternative rights.
b. Since both the owner of the materials and BSP acted in bad faith,
they are treated as having both acted in good faith. Hence, the
owner of the materials is entitled to be reimbursed by the BSP.
All acted in bad faith:
Their rights shall be the same as though all of them acted in good faith.
Requisites for the subsidiary liability of landowner for the value of
the materials:
1. The owner of the materials has not acted in bad faith.
2. The BSP has no property with which to pay.
3. Land owner appropriates the accession to himself.
Right of BSP who pays owner of materials of its value:
The former may seek reimbursement from the land owner for the value
of the materials and labor to prevent unjust enrichment of the landowner
at the expense of the builder; this is true if:
1. The BSP acted in good faith.
2. The owner of the land appropriates the improvement.
GOOD FAITH MAY CO-EXIST WITH NEGLIGENCE: A party guilty of
negligence, irrespective of his good faith, shall be liable for the damage
done in accordance with the rule on culpa aquiliana or quasi delict.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
ALLUVION
Definition: It is the increment which lands abutting rivers gradually
receive as a result of the current of the waters, or the gradual and
imperceptible addition to the banks of the rivers.
Requisites:
1. The deposit or accumulation of soil or sediment must be gradual
and imperceptible.
2. The accretion results from the effects or action of the current of
the waters of the river (or the sea).
3. The land where accretion takes place must be adjacent to the
bank of a river (or the sea coast).
Alluvion Accretion
The act or the process by
which a riparian land
The deposit of soil or to the generally and imperceptively
soil itself. receives addition made by the
water to which the land is
contiguous.
Brought about by accretion. The addition or increase
received by the land.
Rule: to the owners of the lands adjoining the banks of rivers belong
the accretions which they gradually receive from the effects of the
current of the waters.
Rationale of alluvion:
1. To compensate him for the danger of the loss that he suffers
because of the location of his land (for the estates bordering on
rivers are exposed to floods and other damage produced by the
destructive force of waters).
2. To compensate him for the encumbrances and various kinds of
easements to which his property is subject.
3. To promote the interests of agriculture for the riparian owner is in
the best position to utilize the accretion.
A riparian owner cannot acquire the addition to his land caused by
special/artificial works expressly intended by him to bring about
accretion. Hence, a riparian owner cannot register accretions to his land
constructed for reclamation purposes.
The alluvion is automatically owned by the riparian owner from the
moment the soil deposit can be seen. However, it does not
automatically become registered land just because the lot which
receives such accretion is covered by a Torrens title. Hence, the alluvial
property is subject to prescription.
However, registration under the Torrens system does not protect the
riparian owner against diminution of the area of his land through gradual
changes in the course of the adjoining stream.
If the riparian land is subject to easement established by the
government, the riparian owner has the right to the accretion. The
easement does not deprive the owner of his ownership.
ESTATES ADJOINING PONDS OR LAGOONS
Rule: The owners of estates adjoining ponds or lagoons do not
acquire the land left dry by the natural decrease of the waters,
or loss that inundated by them in extraordinary floods.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
AVULSION/BY FORCE OF RIVER
Definition: It is the accretion which takes place when the current of
the river, creek or torrent segregates from an estate on its bank a
known portion and transfers it to another estate, in which case, the
owner of the estate to which the segregated portion belonged, retains
the ownership thereof.
Requisites:
1. The segregation and transfer must be caused by the current of a
river, creek, or torrent (or by other forces, e.g. earthquake).
2. The segregation and transfer must be sudden or abrupt.
3. The portion of land transported must be known or identifiable.
The owner of the estate to which the segregated portion belongs
preserves his ownership of the segregated portion provided he
removes (not merely claims) the same within the period of 2 years.
Failure to do so would have the effect of automatically transferring
ownership over it to the owner of the other estate.
Alluvion Avulsion
The deposit of soil is gradual. The deposit it is sudden and
abrupt.
The deposit of the soil belongs to The owner of the property from
the owner of the property where which a part was detached
the same was deposited. retains the ownership thereof.
The soil cannot be identified. The detached portion can be
identified.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
TREES UPROOTED/BY FORCE OF RIVER
Rule: Trees uprooted and carried away by the current of the waters
belong to the owner of the land upon which they may be case, if the
owners do not claim them within 6 months. If such owners claim them,
they shall pay the expenses incurred in gathering or putting them in a
safe place.
Scope: This rule refers to uprooted trees only. If a known portion of
land with trees standing thereon is carried away by the current to
another land, the rule on avulsion governs.
Period to claim: The period for making a claim is 6 months; it is a
condition precedent and not a period of prescription (De Leon).
After a claim is made within six months, an action may be brought within
the period provided by law for prescription of movables.
Payment of expenses for preservation: The original owner claiming
the trees is liable to pay the expenses incurred by the owner of the land
upon which they have been cast in gathering or putting them in a safe
place.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
ABANDONED RIVER BED/CHANGE IN THE COURSE OF
RIVER
Rule: River beds which are abandoned through the NATURAL change
in the course of waters ipso facto belong to the owners whose lands
are occupied by the new course in proportion to the area lost.
Requisites:
1. There must be a natural change in the course of the waters of the
river; the law speaks of change of river course such that if a river
simply dries up or disappears, the bed left dry will belong to public
dominion; the river must continue to exist with a new bed.
2. The change must be abrupt or sudden; the change must be more
or less permanent in nature; the change in the river course must
leave dry the old bed and open up a new bed.
However, the owners of land adjoining the old bed are given
preferential right to acquire the same by paying the value thereof to
promote the interest of agriculture because the riparian owners of the
old course/bed can better cultivate the same. The indemnification to be
paid shall not exceed the value of the area occupied by the new bed.
River beds are part of public domain. In this case, there is
abandonment by the government of its right over the old bed. The
owner of the invaded land automatically acquires ownership of the
same without the necessity of any formal act on his part.
In proportion to the area lost implies that there are two or more
owners whose lands are occupied by the new bed. Therefore, if only
one owner lost a portion of his land, the entire old bed should belong to
him.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
NEW RIVER BED WITHOUT ABANDONMENT
Rule: Whenever a river, changing its course by NATURAL causes,
opens a new bed through a private estate, this bed shall become of
public dominion.
The bed of a public river or stream is of public ownership. If the river
changes its course and opens a new bed, this bed becomes of public
dominion even if it is on private property.
The law does not make any distinction whether the river is navigable
or not.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
BRANCHING OF COURSE OF RIVER
Rule: Whenever the current of a river divides itself into branches,
leaving a piece of land or part thereof isolated, the owner of the land
retains his ownership thereto. He also retains ownership to a portion of
his land separated from the estate by the current.
The provision does not refer to the formation of islands through
accretion, but refers to the formation of an island caused by a river
dividing itself into branches resulting in:
a. Isolation (without being physically transferred) of a piece of land
or part thereof; OR
b. Separation (physical transfer, but not to the point of becoming
avulsion) of a portion of land from an estate by the current
The owner preserves his ownership of the isolated or separated
property.
The law does not make any distinction whether the river is navigable
or not.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
FORMATION OF ISLANDS
Rules:
1. If formed on the seas within the jurisdiction of the
Philippines, on lakes, or on navigable or floatable rivers: the
island belongs to the State as part of its patrimonial property.
A navigable river is one which in its natural state affords a channel
for useful commerce and not such as is only sufficient to float a banca
or a canoe.
2. If formed in non navigable and non floatable rivers:
a. It belongs to the nearest riparian owner, or owner of the margin
or bank nearest to it as he is considered on the best position to
cultivate and develop the island.
b. If the island is in the middle of the river, the island is divided
longitudinally in halves. If the island formed is longer than the
property of the riparian owner, the latter is deemed ipso jure to be
the owner of that portion which corresponds to the length of that
portion of his property along the margin of the river.
c. If a single island be more distant from one margin than from the
other, the owner of the nearer margin shall be the sole owner
thereof.
ACCESSION CONTINUA (INDUSTRIAL)
MOVABLE PROPERTY
ADJUNCTION OR CONJUNCTION
Definition: It is the union of 2 movable things belonging to different
owners in such a way that they form a single object, but each one of
the component things preserves its value.
Characteristics:
1. There are two movables belonging to different owners.
2. They are united in such a way that they form a single object.
3. They are so inseparable that their separation would impair their
nature and result in substantial injury to either component.
Kinds:
1. Inclusion or engraftment (e.g. Diamond is set on a gold ring).
2. Soldadura or soldering (e.g. Lead is united or fused to an object
made of lead; it is ferruminacion if both the accessory and principal
objects are of the same metal; and plumbatura if they are of
different metals).
3. Escritura or writing (e.g. when a person writes on paper belonging
to another).
4. Pintura or painting (e.g. when a person paints on canvas
belonging to another).
5. Tejido or weaving (e.g. when threads belonging to different
owners are used in making textile).
Where adjunction involves 3 or more things, the following rules shall
also be applied equitably.
Rules: Sentimental value shall be duly appreciated.
1. ADJUNCTION IN GOOD FAITH: If the union took place without
bad faith, the owner of the principal thing acquires the accessory,
with the obligation to indemnify the owner of the accessory for its
value.
Tests to determine the principal in adjunction: In the order of
application, the principal is that:
a. To which the accessory has been united as an ornament or for its
use or perfection (RULE OF IMPORTANCE AND PURPOSE).
b. Of greater value, if they are of unequal values.
c. Of greater volume, if they are of an equal value.
d. Of greater merits taking into consideration all the pertinent legal
provisions applicable as well as the comparative merits, utility and
volume of their respective things.
In paintings and sculpture, writings, printed matter, engraving and
lithographs, the board, metal stone, canvas, paper or parchment shall
be deemed the accessory thing.
2. ADJUNCTION IN BAD FAITH: If the union took place in bad
faith, the following rules shall apply:
a. Bad faith on the part of owner of accessory:
I. He shall lose the thing incorporated, AND
 II. He shall be liable for damages to the owner of the principal
thing, or the payment of the price, including its sentimental
value as appraised by experts.
III. The principal may demand for the delivery of a thing equal
in kind and value and in all other respects to that of the
principal thing, or the payment of the price, including its
sentimental value as appraised by experts.
b. Bad faith on the part of the owner of the principal:
The owner of the accessory thing is given the option either:
I. To require the owner of the principal thing to pay the value
of the accessory thing, plus damages.
II. To have the accessory thing separated even if it be
necessary to destroy the principal thing, plus damages.
III. The accessory may demand for the delivery of a thing equal
in kind and value and in all other respects to that of the
accessory thing, or the payment of the price, including its
sentimental value as appraised by experts.
c. Both parties in bad faith: their respective rights are to be
determined as though both acted in good faith.
WHEN SEPARATION OF THINGS UNITED ALLOWED
a. In case of separation without injury, their respective owners
may demand their separation.
b. In case the accessory is much more precious than the principal,
the owner of the accessory may demand its separation even
though the principal may suffer injury.
c. In case the owner of principal acted in bad faith.
ACCESSION CONTINUA (INDUSTRIAL)
MOVABLE PROPERTY
COMMIXTION OR CONFUSION
Definition: Takes place when two or more things belonging to different
owners are mixed or combined with the respective identities of the
component parts destroyed or lost.
Commixtion/confusion Adjunction
There is a greater degree of Union of two movable things in
interpenetration, and in certain such a way that they form a
cases, even decomposition of single object but each one of
the things which have been the component things
mixed. preserves its value.
Strictly speaking, there is no accession in mixture since there is
neither a principal nor an accessory.
Kinds: The mixture may be voluntary or by chance.
1. Commixtion or the mixture of solid things belonging to different
owners.
2. Confusion or the mixture of liquid things belonging to different
owners.
Rules: Sentimental value shall be duly appreciated.
1. Mixture by will of both the owners or by chance:
a. Their rights shall first be governed by their stipulations.
b. If the things mixed are of the same kind and quality, there is no
conflict of rights, and the mixture can easily be divided between
the 2 owners.
c. If the things mixed are of different kind and quality, in the absence
of a stipulation, each owner acquires a right or interest in the
mixture in proportion to the value of his material as in co-
ownership.
2. Mixture caused by an owner in good faith or by chance:
a. Their rights shall first be governed by their stipulations.
b. If the things mixed are of the same kind and quality, there is no
conflict of rights, and the mixture can easily be divided between
the 2 owners.
c. If the things mixed are of different kind and quality, in the absence
of a stipulation, each owner acquires a right or interest in the
mixture in proportion to the value of his material as in co-
ownership.
Co-ownership arises when the things mixed are of different kinds or
quality. The expenses incident to separation shall be borne by all the
owners in proportion to their respective interests in the mixture.
3. Mixture caused by an owner in bad faith: The owner in bad
faith not only forfeits the thing belonging to him but also becomes
liable to pay indemnity for the damages caused to the other owner.
4. Mixture by both owners in bad faith: There is bad faith when
the mixture is made with the knowledge and without the objection
of the other owner. Accordingly, their respective rights shall be
determined as though both acted in good faith.
ACCESSION CONTINUA (INDUSTRIAL)
MOVABLE PROPERTY
SPECIFICATION
Definition: Takes place whenever the work of a person is done on the
material of another, and such material, as a consequence of the work
itself, undergoes a transformation.
1. Worker and owner of the materials in good faith: The worker
becomes the owner of the work/transformed thing but he must
indemnify the owner of the material for its value.
Exception: If the material is more precious or of more value than the
work/transformed thing, the owner of the material may choose:
a. To appropriate the new thing to himself but must pay for the value
of the work or labor, OR
b. To demand indemnity for the material.
2. Worker in bad faith but the owner of the material in good
faith: The owner of the material has the option either:
a. To appropriate the work to himself without paying the maker, OR
b. To demand the value of the material plus damages.
Limitation: The first option is not available in case the value of the
work, for artistic or scientific reasons, is considerably more than that of
the material, to prevent unjust enrichment.
3. Owner of the materials in bad faith but the worker is in good
faith: The owner of the material is in bad faith when he does not
object to the employment of his materials. Accordingly, he shall
lose his materials and shall have the obligation to indemnify the
worker fro the damages he may have suffered (Art. 470 by
analogy, Tolentino).
4. Both owners are in bad faith: Their rights shall be determined
as though both acted in good faith.
Adjunction, Mixture, and Specification distinguished:
1. In Adjunction and Mixture, there would be at least two things,
while in the Specification, there may be only one thing whose form
is changed.
2. In Adjunction and Specification, the component parts retain or
preserve their nature, while in Mixture, the things mixed may or
may not retain their respective original nature.
3. In Adjunction and Specification, the principle that accessory
follows the principal applies, while in Mixture, co- ownership
results.
APPRAISAL OF SENTIMENTAL VALUE: Sentimental value shall
be duly appreciated in the payment of the proper indemnity in
accessions with respect to movable property.
Sentimental value attached to a thing is not always easy to
estimate, as such it may be considered by the court.
QUIETING OF TITLE
Concept of quieting of title: An action to quiet the title to property or
to remove a cloud thereon is a remedy or form of proceeding originating
in equity jurisprudence which has for its purpose an adjudication that a
claim or title to or an interest in property, adverse to that of the
complainant, is invalid, so that the complainant or his assignees may
be forever afterward free from any danger of hostile claim.
Action to quiet title: A remedy or proceeding which has for its
purpose an adjudication that a claim of title to realty or an interest
thereon, adverse to the plaintiff and those claiming under him may
forever be free of any hostile claim.
What is a cloud on title?
It is a semblance of title, either legal or equitable, or a claim or a right
in real property, appearing in some legal form which is, in fact, invalid
or which would be inequitable to enforce.
REQUISITES FOR EXISTENCE OF CLOUD:
1. The plaintiff in an action to quiet title must have a legal or
equitable title to, or an interest in the real property which is the
subject matter of the action.
A legal title may consist in full ownership or in the naked ownership
which is registered in the name of the plaintiff.
If the plaintiff has the beneficial interest in the property the legal title
of which pertains to another, he is said to have an equitable title.
An interest in property is any interest short of ownership, like the
interest of a mortgagee or a usufructuary.
2. There is an instrument, record, claim, encumbrance or
proceeding which is apparently valid or effective.
3. Such instrument is in truth and in fact, invalid, ineffective, or
voidable, or unenforceable, or has been extinguished or
terminated, or has been barred by extinctive prescription.
4. Such instrument may be prejudicial to said title.
5. The Plaintiff must return to the defendant all benefits he may have
received from the latter, or reimburse him for expenses that may
have redounded to the plaintiffs benefit.
The purpose of the action to quiet title is solely to remove the cloud
on the plaintiffs title or to prevent a cloud from being cast upon his title
and not to obtain any other benefits.
Characteristics of a cloud based on defect in instrument:
a. The defect in the instrument is NOT apparent on its face and,
therefore, has to be proved by extrinsic evidence. If the instrument
is invalid on its face, there is no cloud to speak of for the purpose
of an action to quiet title.
b. The alleged cloud must be prima facie substantial, and cast a
suspicion on the title or interest to which it is hostile as will
injuriously affect++t the owner in maintaining his rights.
Apprehended or threatened cloud: The Court has the power to
prevent the casting of a cloud on title to property provided that the cloud
is not merely speculative. Relief is granted if the threatened or
anticipated cloud is one which, if it existed, would be removed by suit
to quite title.
CLOUD DUE TO EXTINGUISHMENT OF RIGHT OR
PRESCRIPTION: When the contract, instrument or other obligation
has been extinguished or has terminated, or has been barred by
extinctive prescription, there may also be an action to quiet title or to
remove a cloud therefrom.
Nature of actions to quiet title:
a. These actions are not technically suits in rem, nor are they strictly
speaking, in person, but being against the person in respect of the
res, wherein the judgment does not extend beyond the property in
controversy, these proceedings acquire a status that may be
characterized as suits quasi in rem.
b. The action may be brought as an independent civil action.
c. Petitions for quieting of title should take precedence over
ejectment case to prevent multiplicity of suits.
Property to which action is applicable:
a. Real property or any interest therein.
b. Certain types of personal property (e.g. vessels, motor vehicles,
certificate of stocks) which partake of the nature of real property
or are treated to some extent as realty because of registration
requirements for ownership or transactions.
Examples/Instances of cloud of title:
a. An absolute fictitious contract of sale or a sale of simulated
consideration.
b. A sale by an agent without written authority or after expiration of
his authority.
c. A forged contract.
d. A contract of sale or donation which has become imperative a. The land or tenement of another, OR
because of non performance by the vendee or donee of a b. To travelers over a public or private road.
condition precedent.
e. A voidable contract. In case of his failure to do so, the administrative authorities, in the
exercise of police power, may order its removal at the expense of the
Action to quiet title Action to remove a cloud owner.
Purpose is to put an end to Purpose is the removal of a
troublesome litigation in respect possible foundation for a future The police power of the State includes the power to abate nuisance
to the property involved. hostile action. per se or per accidens. Ruinous buildings and trees in danger of falling
A remedial action involving a A preventive action to prevent are nuisances per se.
present adverse claim. a future cloud on the title.
Plaintiff asserts his own estate Plaintiff declares his own title CO-OWNERSHIP
and declares GENERALLY that and avers the source and
defendant claims some estate in nature of defendants claim, Definition: A form of ownership which exists whenever an undivided
the land, without defining it, and point out its defect, and prays thing or right belongs to different persons; As a right, it has been defined
avers that the claim is without that it be declared void. as the right of common dominion which two or more persons have in a
foundation, and calls on the spiritual or ideal part of a thing which is not materially or physically
defendant to set forth the nature divided.
of his claim, so that it may be
determined by decree. Requisites/characteristics:
a. Plurality of subjects.
PRESCRIPTIBILITY OF ACTION: b. Unity of object or material indivision.
a. An action to quiet title brought by a person who is in possession c. Recognition of ideal or intellectual shares of co-owners which
of the property is imprescriptible. determine their rights and obligations.
b. If the plaintiff is not in possession of the property, he must invoke
his remedy within the proper prescriptive period of ten or thirty The relationship between and among the co-owners is fiduciary in
years depending on ordinary or extraordinary prescription. character and attribute. Hence, each co-owner becomes a trustee for
the benefit of his co-owners and he may not do any act prejudicial to
Defenses against quieting of title: the interest of his co-owners.
a. Prescription.
b. Acquisition by the defendant of the title to the property by adverse Causes: Co-ownership may arise from
possession. a. The Law as in party walls, fences and in the legal conjugal
c. Res judicata. partnership.

Reliefs: b. Contracts.
a. The instrument constituting the cloud is decreed to be
surrendered and cancelled. c. Succession when a person dies intestate, leaving his
b. In case of a cloud which has been cast upon title by alteration in properties undivided to several heirs, who become co-owners of
a deed, relief may be awarded by decreeing restoration of the the inheritance.
deed to its original state.
d. Fortuitous event or chance as in cases of commixtion and
PROCEDURE OF QUIETING OF TITLE: The principle of the general confusion caused by accident or chance, and of hidden treasure
law on quieting of title shall apply. Also, it shall be governed by such accidentally discovered by a stranger on the land of another.
Rules of Court as the Supreme Court shall promulgate.
The SC has not yet promulgated the particular rules on the quieting e. Occupancy when 2 persons catch a wild beast or gather forest
of title. products.

RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING
Rules as to constructions: The owner has the duty to demolish a
building, or any other construction which is in danger of falling or to
repair the same in order to prevent it from falling.
In case of his failure to do so, demolition of the structure at the expense
of the owner, or when demolition is not necessary, take measures to
insure public safety.
The owner is liable for damages whether or not he had actual
knowledge of the ruined condition of his building or other construction.
SHARE OF COOWNERS IN BENEFITS AND CHARGES: It shall be
proportional to their respective interests in the co-ownership. Any
stipulation in a contract to the contrary shall be void.
The article speaks of stipulation in a contract. Hence, if the co-
ownership is created other than by a contract (will or donation), the
share of the coowners need not be proportionate to their respective
interests (DE LEON).
LIMITATIONS ON COOWNERS RIGHT OF USE:
Each coowner may use the thing owned in common provided he does
so:

Related provisions: See Articles 1723, 2190, 2191, 2192. 1. To the purpose for which the coownership is intended.

Rules as to trees: The owner of the tree shall be obliged to remove it To determine the purpose for which the property is intended,
the agreement of the parties should govern. In default of such
whenever it threatens to fall in such a way as to cause damage to:
agreement, it is understood that the thing is intended for that use for
which it is ordinarily accepted to its nature, or the use to which it has
been previously devoted.
The purpose of the co-ownership may be changed by agreement,
express or implied.
Mere tolerance on the part of the co-owners cannot legalize the
change in the use of a thing from that intended by the parties.
2. Without prejudice to the interests of the coownership.
A co-owner cannot devote community property to his exclusive use.
A coowner may not convey or adjudicate to himself in fee simple,
by metes and bounds, a determinate physical portion of real estate
owned in common.
3. Without preventing the other coowners from using it
according to their rights.
The co-owners may establish rules regarding their use of the thing
owned in common. In default thereof, there should be a just and
equitable distribution of uses among all the co-owners.
EJECTMENT SUIT:
a. Can be brought by anyone of the coowners.
A co-owner may bring such an action without the necessity of
joining all the other co-owners as co-plaintiffs because the suit is
deemed to be instituted for the benefit of all.
However, if the action is for the benefit of the plaintiff alone, such
that he claims the possession for himself and not for the co-
ownership, the action will NOT prosper.
b. Action may be brought not only against strangers but even
against a coowner.
The effect of the action will be to obtain recognition of the co-
ownership. The defendant cannot be excluded because he has a
right to possess as a co-owner, and the plaintiff cannot recover any
material or determinate part of the property.
c. An adverse decision in the action is not necessarily res judicata
with respect to the other coowners not being parties to the
action, but they are bound where it appears that the action was
instituted in their behalf with their express or implied consent.
EXPENSES OF PRESERVATION AND TO TAXES: Each co-owner
shall have a right to compel the other co-owners to contribute to the
expenses of preservation of the thing or right owned in common and to
the taxes in proportion to their interest therein.
Expenses of preservation (necessary expenses) include all those
which, if not made, would endanger the existence of the thing or reduce
its value or productivity. They do not imply an improvement or increase.
There is no other remedy available against the co-owner who
refuses to pay his share in the expenses of preservation except an
action to compel him to contribute such share.
Failure to contribute does not amount to a renunciation of any
portion of share in the co-ownership. The co-owner in default cannot be
compelled to renounce his share therein. Renunciation is a voluntary
and free act.
Remedy of a co-owner: Any one of the latter may exempt
himself from this obligation by renouncing so much of his
undivided interest as may be equivalent to his share of the
expenses and taxes.
Prejudicial renunciation: No such waiver shall be made if it is
prejudicial to the co-ownership.
Illustration: In a building owned in common, urgent repairs are
needed. Otherwise, the building is going to collapse. A owns 2/3
interest in the building, and B and C own 1/6 each. If B and C
have each just enough funds equal to 1/6 of the expected
expenses for the repair of the building, and then A renounces in
their favor all his interest in the building, the repair may become
impossible of accomplishment for lack of funds. The waiver in
this case is void. B and C can proceed to have the building
repaired, and A would still be bound to pay his share of the
expenses, notwithstanding his renunciation.
Rules on renunciation:
a. Total or partial.
b. Expressly made a tacit renunciation cannot produce any
effect.
c. The renunciation is in reality a case of dacion en pago; the
debt of the co-owner consisting of his share in the expenses
of preservation and taxes, is paid, not in money, but in an
interest in property.
d. Since the renunciation refers to a portion equivalent in
value to the share of the renouncing co-owner in an existing
debt, it is only logical that the other co-owners, who must
should the debt of the renouncer in exchange for the portion
being renounced, should consent thereto.
e. Renunciation refers to existing debts and NOT to future
expenses.
f. Renunciation is a free act; a co-owner may not be
compelled to renounce.
g. However, waiver is not allowed if it is prejudicial to the co
ownership.
NOTICE OF NECESSITY FOR NECESSARY EXPENSES;
EXPENSES FOR ADMINISTRATION AND BETTER
ENJOYMENT: Repairs for preservation may be made at the will of one
of the co-owners, but he must, if practicable, first notify his co-owners
of the necessity for such repairs. Expenses to improve or embellish the
thing shall be decided upon by a majority.
1. Necessary expenses.
A co-owner may advance the expenses for preservation. If
practicable, he is required to give notice to his co-owners of the
NECESSITY of the repairs to be made but he is NOT required to obtain
their consent.
Reason: Each co-owner preserves the rights inherent in ownership in
general, and he should not be prejudiced by the negligence of the
others by making it necessary for him to submit to their resolutions,
thereby preventing him from taking the necessary measures to prevent
the destruction of the thing or loss of the right owned in common,
although it is within his power to do so.
Neither lack of notice nor fact of opposition to an intended expense
for preservation does not deprive the co-owner who intends to make
the necessary repairs of the right to do so and would not exempt the Can be created only by Can be created by different
other coowners from the obligation. The resolutions of the majority are agreement causes like law or contract.
binding only with respect to administration and better enjoyment of the The usual purpose is for The usual purpose is for
thing and with respect to expenses to improve or embellish the thing. profit. collective enjoyment and to
Accordingly, the will of one of the co-owners is sufficient authority for maintain the unity and
making or incurring them. preservation of the thing
owned in common.
The only effect of failure to give notice of necessity is to place upon The partnership has a The co-ownership has no
the co-owner who makes the advances the burden of proving the separate juridical personality. separate juridical personality.
necessity of the repairs and the reasonableness of the expenses. The Can be created for a period of Co-ownership cannot exist for
co-owners who were not notified will not be required to contribute to more than 10 years. a period longer than 10 years
expenses which are excessive. although renewable.
A partner cannot transfer his There is freedom of
If due to the opposition of the others, the repairs are not undertaken, rights to 3rd persons without disposition of a co-owners
those who opposed such repairs shall pay the losses and damages the consent of the others. share.
suffered by the community. Can be extinguished by the Death or incapacity of a co-
death or incapacity of one of owner does not extinguished
the partners. co-ownership.
2. Expenses to improve or embellish are a matter of administration
Distribution of profits is Distribution of charges and
and better enjoyment of the thing owned in common. Since they
subject to stipulations. benefits is proportional.
are not essential to the preservation of the thing owned in
common, and can afford to be delayed, the consent of the majority There is mutual There is no mutual
of the coowners is required. representation by the representation by the co
partners. owners.
Majority: There shall be no majority unless the resolution is
approved by the co-owners who represent the controlling interest in the
object of co-ownership (not numerical superiority). DIFFERENT STORIES OF A HOUSE BELONGING TO
DIFFERENT OWNERS
Joint ownership or Tenancy Co-ownership
Anglo-american law concept. Civil law concept. The above form of ownership must be distinguished from a
There is no abstract share Each coowner, together with condominium.
ownership by the joint owners, the other is the owner of the
the rights of the joint tenants whole undivided thing or right Rules: If the titles of ownership do not specify the terms under which
being inseparable (as if they are but at the same time of his they should contribute to the necessary expenses and there exists no
one). own ideal part thereof. agreement on the subject, the following rules shall be observed:
Death of a joint owner Death of a co-owner does not
1. Main walls, party walls, the roof and other things used in common:
extinguishes his rights to the extinguish his rights to the co-
all owners in proportion to the value of the story belonging to each.
tenancy. ownership.
Subrogation/survivorship: The The heirs of the deceased co-
2. Floors of story: each owner shall bear the cost of maintaining the
surviving joint owner acquires owner succeed to the right floor of his story.
the right pertaining to the pertaining to him.
deceased joint owner.
3. Floor of entrance, front door, common yard and common sanitary
A joint owner cannot dispose of A co-owner can dispose of his works: all owners pro rata.
his share in the tenancy without undivided share freely.
the consent of the other joint 4. Stairs from the entrance to the first story: all owners pro rata, with
owners. the exception of the owner of the ground floor.
Minority of a joint owner inures to The minority of a co-owner
the benefit of the other joint cannot be availed of by the 5. Stairs from the first story to the second story: all owners pro rata,
owners for purposes of other co-owners as a defense with the exception of the owner of the ground floor and the first
prescription. against prescription. floor; and so on, successively.

Easement Co-ownership 6. Stairs going to the basement: Owner of the basement.

There is in each co owner a
right of dominion over the
whole property and over his
undivided share.
The right of ownership rests
solely on each every co-
owner over a single object.
Ordinary partnership
Easement is precisely a
limitation on the right of
dominion.
The right of dominion is in
favor of one or more persons
and over two or more different
things.
Co-ownership
R.A. 4726: THE CONDOMINIUM ACT
Condominium defined: An interest in real property consisting of a
separate interest in a unity in a residential, industrial or commercial
building and an undivided interest in common, directly or indirectly, in
the land on which it is located and in other common areas of the
building. A condominium may include, in addition, a separate interest
in other portions of such real property. Title to common areas, including
the land, or the appurtenant interests in such areas, may be held by a
corporation specially formed for the purpose (condominium
corporation) in which the holders of separate interests shall
automatically be members or shareholders, to the exclusion of others,
in proportion to the appurtenant interest of their respective units in the
common areas.
ALTERATIONS: None of the co-owners shall, without the consent of
the others, make alterations in the thing owned in common, even
though benefits for all would result therefrom. However, if the
withholding of the consent by one or more of the co-owners is clearly
prejudicial to the common interest, the Courts may afford adequate
relief.
Definition: An act, by virtue of which, a co-owner, in opposition to the
common or tacit agreement, and violating the will of the co-ownership,
changes the thing from the state in which the others believe it should
remain, or withdraws it from the use to which they desire it to be
intended; transformation which change the essence and nature of the
thing.
An alteration constitutes an exercise of the right of ownership, and
not of mere administration. Hence, alterations must be made by the
consent of all of the co-owners even though the alteration would be
beneficial, and not by a mere majority. The consent may be express or
implied as in the case of a co-owner who knows that the alteration is
being made, but does not interpose any objection thereto. However, the
consent given must be express to entitle recovery or reimbursement for
the expenses incurred in the alteration.
When the change or alterations merely affect the better enjoyment
of the thing, the agreement of the co-owners representing the majority
interest is sufficient.
The coowner who makes such alteration without the express or
implied consent of the other coowners acts in bad faith, as a
punishment he should:
a. Lose what he spent.
b. Be obliged to demolish the improvements done.
c. Be liable to pay for losses and damages the community property
or the other coowners may have suffered.
d. Whatever is beneficial or useful to the co-ownership shall belong
to it.
RULES FOR ACTS OF ADMINISTRATION AND BETTER
ENJOYMENT:
a. For the administration and better enjoyment of the thing owned in
common, the resolutions of the majority of the co-owners shall be
binding.
b. There shall be no majority unless the resolution is approved by
the co-owners who represent the controlling interest in the object
of the co-ownership.
c. Should there be no majority, or should the resolution of the
majority be seriously prejudicial to those interested in the property
owned in common, the Court, at the instance of an interested
party, shall order such measures as it may deem proper, including
the appointment of administrator.
Characteristics of acts of administration:
a. They refer to the enjoyment and preservation of the thing.
b. They have transitory effects.
c. Alterations which do not affect the substance or form of the thing.
A lease ceases to be an act of administration and becomes an act
of ownership when it is required to be recorded in the Registry of
Property with a special power of attorney. A special power of attorney
shall be necessary when the lease of any real property is for a period
of more than 1 year.
In this management, the majority of interests control, and their
decisions are binding upon the minority. In making these decisions,
however, there should be a notice to the minority, so that they can be
heard, and the majority will be justified in proceeding without previous
consultation with the minority, only when the urgency of the case and
the difficulty of meeting so require.
Instances of prejudicial resolution of the MAJORITY:
1. When the resolution calls for a substantial change or alteration of
the common property or of the use to which it has been dedicated
by agreement or by its nature.
2. When the resolution goes beyond the limits of mere
administration, or invades the proprietary rights of the co-owners.
3. When the resolution exposes the thing to serious danger.
4. When the majority refuses to dismiss an administrator who is
guilty of fraud or negligence.
The administration may be delegated by the co-owners to one or
more persons, whether co-owners or not. The powers and duties of
such administrators must be governed by the rules on agency.
RIGHTS OF EACH CO-OWNER:
1. He shall have full ownership of his part (his undivided interest or
share in the common property).
2. He shall have full ownership of the fruits and benefits pertaining
thereto.
3. He may alienate, assign or mortgage his ideal interest or share.
The effect of the alienation or mortgage shall be limited to the
portion which may be allotted to him in the division upon the
termination of the co-ownership.
4. He may even substitute another person in the enjoyment of his
part, except when personal rights are involved such as his share
in a right to use and habitation.
5. He may by himself extinguish any real right existing on the thing,
such as easement or mortgages, because in everything that is for
the benefit of the community, each co-owner represent all the
others.
TERMINATION OF COOWNERSHIP: No co-owner shall be obliged
to remain in the co-ownership. Each co-owner may demand at any time
the partition of the thing owned in common.
Causes of termination:
1. By the consolidation or merger in only one of the co-owners of all
the interests of the others.
2. By the destruction or loss or the property coowned.
3. By acquisitive prescription in favor of a third person or a coowner
who repudiates the coownership.
4. By the termination of the period agreed upon or imposed by the
donor or the testator, or the period allowed by law.
5. By the sale by the co-owners of the thing to a third person and
the distribution of its proceeds among them.
6. By the partition, judicial or extrajudicial, of the respective
undivided shares of the co-owners.
Partition shall be governed by the Rules of Court.
The mere fact that the partition of the property may affect the
usefulness or value of the whole is not a valid excuse for a refusal to
have it partitioned among the co-owners.
An action for partition does not prescribe.
Partition defined: The division between two or more persons of real or
personal property which they own in common so that each may enjoy
and possess his sole estate to the exclusion of and without interference
from the others.
Exceptions to the right of partition:
1. When the co-owners have agreed to keep the thing undivided for
a certain period of time, not exceeding 10 years. This term may be
extended by a new agreement.
The excess in 10 years shall be void. When the agreement is that it
shall continue until one co-owner dies, the indivision cannot go beyond
10 years. If a co-owner dies before 10 years expire, the indivision will
cease upon such death.
2. When the partition is prohibited by the donor or testator for a
certain period not exceeding 20 years.
3. When another coowner has possessed the property as
exclusive owner and for a period sufficient to acquire it by
prescription.
4. When a partition is prohibited by law as when the co-owners
cannot demand a physical division of the thing owned in common
because to do so would render it unserviceable for the use for
which it is intended.
When the thing is essentially indivisible, the co-ownership may be
terminated in accordance with the following rules:
a. Agreement between the co-owners that the thing be allotted to
one of them who shall indemnify the others.
b. If the co-owners cannot agree, the thing shall be sold and its
proceeds distributed to the co-owners.
5. When from the very nature of the community, it cannot be legally
divided, such as in party walls and the conjugal partnership.
Purpose and effect of partition:
1. It has for its purpose the separation, division and assignment of
the thing held in common among those to whom it may belong; the
thing itself may be divided, or its value.
2. After partition, the portion belonging to each co-owner has been
identified and localized, so that co-ownership, in its real sense, no
longer exists.
Action for partition
Issues:
1. Whether or not the plaintiff is indeed a coowner.
2. How the property is to be divided between the plaintiff and the
defendant.
How partition is effected:
a. Extrajudicially pursuant to an agreement or by judicial
proceedings under Rule 69 of the Rules of Court.
b. May be effected in consequence of a suit through a settlement
between the parties with the approval of a competent court
Where in an action for reconveyance and damages does not
specifically seek partition, it does not preclude the court from
considering partition as a remedy under art. 494
PRESCRIPTION IN FAVOR OF OR AGAINST A CO-
OWNER: Prescription does not run in favor of a co-owner or co-heir
against his co-owners or co-heirs so long as he expressly or impliedly
recognizes the co-ownership.
Where a co-owner or coheir repudiates the co-ownership,
prescription begins to run from the time of repudiation. Thus, the
imprescriptibility of the action to demand partition cannot be invoked
when one of the co-owners has claimed the property as exclusive
owner and possessed it for a period sufficient to acquire it by
prescription.
In order that may prescribe in favor of one of the co-owners, it must
be clearly shown that he has repudiated the claims of the others, and
that they were apprised of his claim of adverse and exclusive
ownership, before prescriptive period begins to run.
Nature of possession of a coowner: The possession of a co-owner
is like that of a trustee. No one of the coowners may acquire exclusive
ownership of the common property through prescription for the
possession by the trustee alone is not deemed adverse to the rest. In
order that his possession may be deemed adverse to the others, the
following requisites must concur:
1. That he has performed unequivocal acts of repudiation
amounting to an ouster of the others.
2. Such positive acts of repudiation have been made known to the
others.
3. The evidence thereon must be clear and convincing.
Hence, a mere silent possession of the trustee unaccompanied with
acts amounting to an ouster of the cestui que trust cannot be construed
as adverse possession.
Specific acts which are considered acts of repudiation:
a. Filing by a trustee of an action in court against the trust to quiet
title, or recovery of ownership thereof, held in possession by the
former.
b. The issuance of the certificate of title would constitute an open
and clear repudiation of any trust, and the lapse of more than 20
years, open and adverse possession as owner would certainly
suffice to vest title by prescription.
PARTICIPATION OF CREDITORS AND ASSIGNEES IN THE
PARTICIPATION: The creditors or assignees may take part in the
division of the thing owned in common and object to its being effected
without their concurrence. But they cannot impugn any partition already
executed, unless there has been fraud, or in case it was made
notwithstanding a formal opposition presented to prevent it, without
prejudice to the right of the debtor or assignor to maintain its validity.
Creditors: includes all kinds of creditors, provided they became so
during the existence of the coownership.
Assignees: refers to transferees of the interests of one or more of the
coowners.
Rules:
1. If no notice is given, the partition will not be binding upon the
creditors. The creditors or assignees may question the partition.
2. If notice is given, it is their duty to appear and make known their
position.
3. They cannot impugn a partition already executed or implemented,
unless:
a. There has been fraud, whether or not notice was given, and
whether or not formal opposition was presented, OR
b. The partition was made notwithstanding a formal opposition
presented to prevent it, even if there has been no fraud.
THIRD PERSONS: The partition of a thing owned in common shall not
prejudice third persons, who shall retain the rights of mortgage,
servitude, or any other real rights belonging to them before the division
was made. Personal rights pertaining to third persons against the co-
ownership shall also remain in force, notwithstanding the partition.
Third persons refers to all those with real rights or with personal
rights against the coowners who had no participation whatever in the
partition. Such rights of third persons existing before the division was
made are retained by them or remain in force notwithstanding the
partition.
LEGAL OR JURIDICAL DISSOLUTION: When the thing is essentially
indivisible, the co-ownership may be terminated in accordance with the
following rules:
a. Agreement between the co-owners that the thing be allotted to
one of them who shall indemnify the others.
b. If the co-owners cannot agree, the thing shall be sold and its
proceeds distributed to the co-owners.
The sale may be public or private, and the purchaser may be a co-
owner or a third person.
OBLIGATIONS OF COOWNERS IN PARTITION:
1. Mutual accounting of benefits received for the fruits and other
benefits of the thing belong to all the co-owners.
2. Mutual reimbursement for expenses, for if they share in the
benefits, they should also share in the charges.
3. Indemnity for damages caused by reason of negligence or fraud.
4. Reciprocal warranty for defects of title or quality of the portion
assigned to a coowner.
POSSESSION
Concept: The holding of the thing or the enjoyment of a right with the
intention to possess in ones own right.
Elements:
1. there must be holding or control of a thing or right;
exception: those cases mentioned in ART.537.
2. the holding or control must be with intention to possess.
3. it must be in ones own right.
possession is characterized by two relations:
1. the possessors relation to the property itself;
2. the possessors relation to the world
form or degrees of possession
1. possession without any title whatever mere holding or
possession without any right or title at all e.g. thief, squatter;
2. possession with a juridical title possession is predicated on a
juridical relation existing between the possessor and the owner of
the thing but not in the concept of owner e.g. lessee, usufructuary,
agent, pledgee, trustee;
3. possession with a just title possession of an adverse claimant
whose title is sufficient to transfer ownership but is defective e.g
when the seller is not the true owner or could not transmit his
rights thereto to the possessor who acted in good faith;
4. possession with a title in fee simple possession derived from
the right of dominion or possession of an owner note: THIS IS
THE HIGHEST DEGREE OF POSSESSION
nature of possession
1. as an act it is simply the holding of a thing or the enjoyment of
a right with the intention to possess ones own right;
2. as a fact when there is holding or enjoyment, then possession
exists as a fact; it is the state or condition of a person having
property under his control;
3. as a right refers to the right of a person to that holding or
enjoyment to the exclusion of all others having better right than the
possessor; it may be :
-jus possidendi or right to possession which is incidental to
and included in the right of ownership;
-jus possessionis or right of possession independent of and
apart from the right of ownership
*possession as a fact:
1. a possessor has a right to be respected in his possession, and
should he be disturbed therein, he shall be protected in or restored
to said possession;
2. possession is not a definitive proof of ownership nor is non
possession inconsistent therewith; possession, however, may
create ownership either by occupation or by acquisitive
prescription
classes of possession
1. possession in ones own name or in the name of another;
2. possession in the concept of owner or possession in the concept
of the holder;
3. possession in good faith or possession in bad faith
extent of possession
1. actual possession is the occupancy in fact of the whole or at
least substantially the whole;
2. constructive possession- is occupancy of part in the name of the
whole under such circumstances that the law extends the
occupancy to the possession of the whole
*DOCTRINE OF CONSTRUCTIVE POSSESSION
- possession in the eyes of the law does not mean that a man
has to have his feet on every square meter of ground before
it can be said that he is in possession;
 - the general rule is that the possession and cultivation of a
portion of a tract of land under claim of ownership of all is
constructive possession;
- the exception is in relation to the size of the tract in
controversy with reference to the portion actually in
possession of the claimant
note: the doctrine does not apply where the possession is wrongful or
the part allegedly constructively possessed is in the adverse
possession of another
ART.524
NAME UNDER WHICH POSSESSION MAY BE EXERCISED
1. in ones own name: the fact of possession, and the right to such
possession are found in the same person such as the actual
possession of an owner or a lessor of land;
2. in the name of another: the one in actual possession is without
any right of his own, but is merely an instrument of another in the
exercise of the latters possession, such as the possession of an
agent, servant or guard; it may be:
-voluntary as when exercised by virtue of an agreement;
-necessary or legal as when exercised by virtue of law, such
as the possession in behalf of incapacitated person
ART.525
CONCEPT IN WHICH POSSESSION MAY BE HAD
2 concepts:
1. possession in the concept of owner:
-takes place when the possessor of a thing or right, by his actions ,is
considered or is believed by other people as the owner, regardless
of the good or bad faith of the possessor;
-it is possession under a claim of owership or title by one who is the
owner himself or one who is not the owner but claims to be and acts as
the owner;
2. possession in the concept of holder:
-takes place when the possessor of a thing or right holds it merely to
keep or enjoy it, the ownership pertaining to another person;
-it is possession not under claim of ownership, the possessor
acknowledging in another a superior right which he believes to be of
ownership, whether this be true or not;
*possession in concept of both owner and holder or in neither:
-distinction must be borne in mind between possession of the thing itself
and possession of the right to keep or enjoy the thing;
-rights are possessed in the concept of owner
ART.526
POSSESSOR IN GOOD FAITH AND POSSESSOR IN BAD FAITH
DEFINED
1. possessor in good faith is one who is not aware that there exists
in his title or mode of acquisition any flaw which invalidates it;
2. possessor in bad faith is one who possesses in any case contrary
to the foregoing e.g. he is aware that there exists in his title or
mode of acquisition a flaw which invalidates it
note: the distinction between the two kinds of possession is important
principally in connection with the receipt of fruits and the payment of
expenses and improvements and the acquisition of ownership by
prescription under art. 1127;
-the distinction is immaterial in the exercise of the right to recover under
art. 539 which speaks of every possessor;
-the good or bad faith is necessarily personal to the possessor but in
the case of a principal and any person represented by another, the
good or bad faith of the agent or legal representative will benefit or
prejudice him for whom he acts
requisites for possession in good faith or in bad faith
1. the possessor has a title or mode of acquisition;
2. there is a flaw or defect in said title or mode;
3. the possessor is unaware or aware of the flaw or defect or
believes that the thing belongs or does not belong to him
*mistake upon a doubtful or difficult question of law may be the basis
of good faith;
-the phrase refers to honest error in the application of the law or
interpretation of doubtful or conflicting legal provisions or doctrines;
-it is different from ignorance of the law;
-ignorance of the law may only be a basis of good faith in exceptional
circumstances
ART.527
PRESUMPTION OF GOOD FAITH
-the provision does not say that good faith exists, but it is presumed;
-it is just because possession is the outward sign of ownership
e.g of the presumption:
-defendants possession of personal property alleged to have been
stolen will be presumed to have been acquired in good faith until that
presumption is overcome by satifactory evidence;
-a purchaser of property at a public auction by the sheriff is a possessor
in good faith although ejected therefrom by a subsequent judgment in
favor of the real owner in the absence of proof of bad faith
ART.528
CESSATION OF GOOD FAITH DURING POSSESSION
-possession which begins in good faith is presumed to continue in good
faith until the possessor acquires knowledge of the facts showing a
defect or weakness in his title
*bad faith begins or good faith is interrupted from the time the
possessor becomes aware that he possesses the thing improperly
or wrongfully NOT from the time possession was acquired;
- in the absence of other facts showing the possessor's
knowledge of defect in his title, good faith is interrupted from
the receipt or service of judicial summons;
- a possessor in good faith is entitled to the fruits only so long
as his possession is not legally interrupted, and so long as
his possession is not legally interrupted, and such
interruption takes place upon service of judicial summons
ART.529
CONTINUITY OF THE CHARACTER OF THE POSSESSION
-the character of the possession is presumed to continue until the
contrary is proved
other presumptions affecting possession:
- uninterrupted possession of hereditary property (art.533
par.1);
- possession with just title (art.541);
- possession with movables with real property (art.542);
 - exclusive possession of common property (art.543);
- continuous possession (art.544);
- uninterrupted possession (art.561);
- possession during intervening period (art. 1138 [2])
ART.530
OBJECT OF POSSESSION
1. must be susceptible of being appropriated;
2. need not be susceptible of prescription
CHAPTER 2
ACQUISITION OF POSSESSION
ART.531
WAYS OF ACQUIRING POSSESSION
1. by the material occupation or exercise of a right;
2. by the subjection of the thing or right to our will;
3. by proper acts and legal formalities established for acquiring such
right of possession
material occupation or exercise of a right
1. with respect to things law requires material occupation as one
of the modes of acquiring possession;
- does not have the juridical and technical sense under art.
712 for purposes of acquiring ownership, but in its
general and material sense or usual and common meaning
2. with respect to rights such rights are intangible and
cannot logically be occupied, what is required is the exercise of a
right
*the material occupation of a thing as a means for acquiring possession
may take place not only by actual delivery but also by constructive
delivery;
*it includes;
-tradicion brevi manu which takes place when one already in
possession of a thing by a title other than the ownership continues to
possess the same under a new title, that of ownership;
-tradicion constitutum possessorium which happens when
the owner continues in possession of the property alienated not as
owner but in some other capacity
subject to the action of will
-occupation has the effect of subjecting things to the action of the
possessors will; the same is true of proper acts and legal formalities;
-the law contemplates a distinct cause of acquiring possession and not
merely an effect; it refers to the right of possession than to possession
as a fact;
*2 kinds of constructive delivery:
-tradicion longa manu which is effected by the mere consent
or agreement of the parties;
-tradicion simbolica which is effected by delivering an object
proper acts and legal formalities
-refers to acquisition by virtue of a just title;
ART. 532
BY WHOM POSSESSION ACQUIRED
1. personally or by the same person who is to enjoy it;
2. thru an authorized person or by his legal representative or agent;
3. thru an unauthorized person or by any person without any power
or authority whatever
acquisition of possession through another
- possession acquired by a person personally or thru another,
may be exercised by him in his own name or in that of
another;
- if a person authorized to acquire possession for another
acted beyond his powers, the principal is not bound unless
the latter ratifies the act of acquisition; the exception is
when a person voluntarily manages the property or business
of another; in such case, the strangers possession take
effect even without ratification by the owner of the property or
business
ART.533
ACQUISITION OF POSSESSION THROUGH SUCCESSION
- the rights to the succession are transmitted from the moment
of the death of the decedent;
- the effects of the acceptance or repudiation retroact to the
moment of the death of the decedent;
- if the inheritance is accepted, the possession of the
hereditary property is deemed transmitted by operation of law
to the heir without interruption and from the moment of the
decedents death
- - if the inheritance is validly renounced, the heir is deemed
never to have possessed the same
ART.534
EFFECTS OF BAD FAITH OF DECEDENT ON HEIR
- the heir shall not suffer the consequences of the wrongful
possession of the latter because bad faith is personal to the
decedent and is not transmitted to the heirs;
- the heir suffers the consequences of ssuch possession only
from the moment he becomes aware of the flaws affecting
the decedents title
ART.535
ACQUISITION AND EXERCISE OF RIGHTS OF POSSESSION BY
MINORS AND INCAPACITATED PERSONS
1. possession by persons without capacity refers to
unemancipated minors and other persons who have no capacity
to act as ;
2. possession of incorporeal things;
3. acquisition of possession by material occupation as a general
rule, acquisition of possession by the action of our will and by
the proper acts and legal formalities is not applicable to
incapacitated persons;
4. exercise of rights of possession through legal representatives
once possession of a thing is acquired by such persons, there is
born the right of possession of their legal representatives
ART.536
RECOURSE TO THE COURTS
- the above provision applies to one who believes himself the owner of
real property, if he takes justice in his own hands, he is a
mere intruder and can be compelled to return the property in an action
for forcible entry
ART. 537
ACTS WHICH DO NOT GIVE RISE TO POSSESSION
-such acts do not affect possession; the true possessor is deemed to
have enjoyed uninterrupted possession
1. force or intimidation, as long as there is a possessor who objects
thereto
-rule does not apply if possessor makes no objection, withdraws his
objection, or takes no action whatsoever after initially objecting to the
deprivation;
2. acts merely tolerated, which do not refer to all kinds of tolerance
on the part of the owner or possessor in view of the use of the
word merely;
3. acts executed clandestinely and without the knowledge of the
possessor, which mean that the acts are not public and unknown
to the possessor or owner
ART. 538
POSSESSION AS A FACT AT THE SAME TIME IN TWO DIFFERENT
PERSONALITIES
- personalities as used in the provision is not synonymous to
persons;
- possession as a fact may exist at the same time in two or
more distinct personalities but, as a general rule, the law will
recognize only one as the actual or real possessor; the
exception is provided in cases of co possession (art.484)
preference of possession:
1. the present or actual possessor shall be preferred;
2. if there are two possessors, the longer in possession;
3. if the dates of possession are the same, the possessor with a title;
4. if all the above are equal, the fact of possession shall be judicially
determined, and in the meantime ,the thing shall be placed in
judicial deposit
CHAPTER 3
EFFECTS OF POSSESSION
ART.539
RIGHTS OF EVERY POSSESSOR
whether in the concept of the owner or holder, the ff are his rights:
1. right to be respected in his possession;
2. right to be protected in or restored to said possession by legal
means should he be disturbed therein;
3. right to secure from a competent court in an action for forcible
entry the proper writ to restore him in his possession
remedies of persons deprived of possession
1. forcible entry or unlawful detainer;
2. accion publiciana;
3. accion reinvindicatoria;
4. replevin or manual delivery of personal property
ART. 540
POSSESSION AS BASIS FOR ACQUIRING OWNERSHIP
1. as holder cannot be the basis of prescription nor possession
acquired through force or intimidation, merely tolerated, or which
is not public and unknown to the present possessor;
2. as equitable mortgage where the contract entered into was
judicially declared to be actually an equitable mortgage rather than
a contract of sale of a parcel of land, constructive possession
over the land cannot ripen into ownership as it cannot be said to
have been acquired and enjoyed it the concept of owner;
3. as claimant under a possessory information title;
4. as claimant under a certificate of title the rule is well settled that
mere possession cannot defeat the title of a holder of a registered
Torrens title to real property; but the true owner of the property
may be defeated by an innocent purchaser for value
notwithstanding the fraud employed by the seller in securing title;
5. as possessor of forest land cannot ripen into private ownership;
6. as possessor of a different kind of land since the subject lot is a
different kind of land, the possession no matter how long will
not confer possessory rights over the same
*tax declarations, assessments, or payment of tax do not prove
ownership of the property nor are even sufficient to sustain a claim for
possession over a land, they are merely an indicum of a claim of
ownership
ART. 541
POSSESSOR IN CONCEPT OF OWNER PRESUMED WITH JUST
TITLE
-the just title does not always mean a document or a written
instrument;
-the possessor may prove his title by witness;
-actual or constructive possession under claim of ownership raises the
disputable presumption of ownership
*burden of proving just title
1. the onus probandi is on the plaintiff who seeks the recovery of
property;
2. a person who is not, in fact, in possession cannot acquire
a prescriptive right to a land by the mere assertion of a right
therein
*different kinds of title
1. the just title presumed by the provision is title which by itself is
sufficient to transfer ownership without need of possessing the
property for the period necessary for acquiring title by prescription;
-the presumption of just title does not apply in acquisitive prescription;
2. for purposes of prescription, there is just title when the adverse
claimant came into possession of the property thru one of the
modes recognized by law for the acquisition of ownership or other
real rights;
3. a colorable title is one which a person has when he buys a thing
in good faith, from one who is not the owner but whom he believes
is the owner;
4. it is to be distinguished from putative title, being one which a
person believes he has but in fact he has not because there was
no mode of acquiring ownership
ART.542
POSSESSION OF REAL PROPERTY PRESUMED TO INCLUDE
MOVABLES
-the provision refers to material possession only of things; rights are not
covered;
-the possession may be in the concept of owner or holder, in ones own
name or in anothers, or in good faith or bad;
ART. 543
EXCLUSIVE POSSESSION OF PREVIOUS CO OWNER DEEMED
CONTINUOUS
-the provision speaks of co possession of a thing, not of co
ownership;
-the effects of the division retroact to the commencement of the co
possession, but the division shall be without prejudice to the rights of
creditors
interruption in possession of the thing
- both the benefits and the prejudices that might have
taken place during the co possession shall attach to each
of the co participants;
- prescription obtained by a co pocessor or co owner shall
benefit the others;
- interruption in the possession of the whole or part of a thing
shall be to the prejudice of all possessors;
- possession is interrupted for purposes of prescription either
naturally (when through any cause it should cease for more
than one year) or civilly (when the interruption is produced by
judicial summons to the possessor; in civil interruption, inly
those possessors served with judicial summons are affected)
note: according to the above provision, interruption must refer to the
whole thing itself or part of it and not to a part or right of a co
possessor;
-in a co possession, there is only one thing and many possessors, if
the right of a co possessor is contested, he alone shall be prejudiced;
with respect to the thing , the prejudice shall be against all;
-the reason behind this is that the thing being undivided, it would be
unjust to make the injury to fall on only one co-possessor although only
the possession of a part of the thing may have been interrupted
ART. 544
RIGHT OF POSSESSOR IN GOOD FAITH TO FRUITS RECEIVED
- the fruits of a thing generally belong to the owner but a
possessor in good faith is entitled to the fruits received until
good faith ceases and bad faith begins
note: the right of the possessor in good faith is limited to the fruits,
referring to natural, industrial, and civil fruits; other things belong to the
owner of the land; but the possessor in good faith is liable for
reasonable rents being civil fruits, from the time of the interruption of
good faith
when fruits considered received
1. in the case of natural and civil fruits considered received from
the time they are gathered or severed;
- fruits gathered before legal interruption belong to the
possessor in good faith;
- if the fruits are still ungathered or unharvested, art. 545
applies
2. in case of civil fruits their accrual, NOT their actual receipt, shall
determine when they are considered received at the time that
good faith is legally interrupted;
- they are deemed to accrue daily and belong to the
possessor in good faith in that proportion
ART. 545
PROPORTIONATE DIVISION OF FRUITS AN EXPENSES
- the article does not apply when the possessor is in bad faith,
the fruits are civil, or fruits are natural or industrial but they
have been gathered or severed when good faith ceases
- a possessor in bad faith has no right whatsoever to the fruits
gathered or pending except necessary expenses for
gathered fruits;
- the article does not apply to civil fruits which are produced
daily;
- with respect to fruits already gathered at the time good faith
ceases, art. 544 applies
sharing of expenses and charges:
- if there are pending natural and industrial fruits at the time
good faith ceases, the two possessors shall share in the
expenses of cultivation and the charges in proportion to the
time of possession;
- under art. 545, the expenses are not shared in proportion to
what each receives from the harvest; in certain cases, unjust
enrichment may result
option of the owner
- the owner or new possessor who recovers possession has
the option to either:
1. pay the possessor in good faith indemnity for his cultivation
expenses and charges and his share in the net harvest or;
2. to allow instead the possessor in good faith to finish the
cultivation and gathering of the growing fruits in lieu of said
indemnity
refusal of the possessor in good faith for any reason whatsoever
to accept the concession forfeits his right to be indemnified in any
manner
where there are no fruits or fruits less than expenses
- the rule in art. 545 that the expenses shall be borne in
proportion to the period of possession cannot apply;
- if the fruits are merly insufficient, the same should be divided
in proportion to their respective expenses;
- if there are no fruits, each should bear his own expenses
subject to the rights of the possessor in good faith to be
refunded for necessary expenses under art.546, unless the
owner or new possessor exercises his option as mentioned
above
ART. 546
GENERAL RULES AS TO EXPENSES
1. possessor in good faith entitled to many rights;
2. possessor in bad faith generally without rights;
NECESSARY EXPENSES

- are those incurred for the preservation of the thing; seeks to
prevent the waste, deterioration or loss of the thing;
- GOOD FAITH: if possessor is in good faith, he shall be
entitled to be refunded;
- he may retain the thing until he is reimbursed therefor;
- during period of retention he cannot be obliged to pay rent
or damages for refusing to vacate premises forhe is merely
exercising hs right of retention which has the character of a
real right registrable as an encumberance on the certificate
of title;
- BAD FAITH: if the possessor is in bad faith, he is entitled
only to a refund without right of retention
a possessor whether in good faith or bad faith, is not granted the
right of removal with respect to necessary expenses as they affect
the existence or substance of the property itself
USEFUL EXPENSES
- are expenses which add value to a thing, or augment its
income, or introduce improvements thereon or increase its
usefulness to the possessor, or better serve the purpose for
which it was intended;
- GOOD FAITH: if the possessor is in good faith, he has also
the right of reimbursement and retention, as with regard to
necesary expenses, or he may remove them provided such
can be done without damage to the principal thing;
- the rights of the possessor in good faith are subject to the
superior right of a prevailing party to exercise his option either
to pay the amount of the expenses or the increase in the
value of the thing
- BAD FAITH: if the possessor is in bad faith, he has no right
whatsoever, neither refund nor retention nor removal,
regarding useful expenses;
- Useful expenses incurred during the period of retetion by
a possessor in good faith are to be considered in bad faith;
ART. 547
REMOVAL OF USEFUL IMPROVEMENTS
1. possessor in good faith right of removal is subject to
2 conditions:
- the removal can be done without damage or injury to the
principal thing;
- the prevailing party does not choose to keep the
improvements by refunding the expenses incurred or paying
the increase in value which the thing may have acquired by
reason thereof
if the two conditions are present, the prevailing party cannot
refuse the possessors right to remove but he cannot compel him
to remove; the right is purely potestative; if the first condition is not
present and the prevailing party does nor choose to reimburse the
possessor in good faith, the latter has no right to remove
2. possessor in bad faith he cannot remove the useful
improvement even if removal is possible without injury to the
principal thing; the rule is different with respect to improvements
for pure luxury or mere pleasure (art.549)
the useful improvements must have been attached to
the principal thing in a more or less permanent way that their
removal would necessarily cause some damage or injury to the
thing;
the damage must be substantial or one that will cause diminution
in the value of the property
note: injuries which only need ordinary repairs are not covered and the
possessor may remove the improvements; the repairs are at the
expense of the possessor since it is he who is benefitted by the removal
ART. 548
EXPENSES FOR PURE LUXURY OR MERE PLEASURE
- are expenses not necessary for the preservation of a thing
nor do they increase its productivity although they add value
to the thing, but are incurred merely to embellish the thing
and for convenience or enjoyment of particular possessors
1. GOOD FAITH if the possessor is in good faith, he is not entitled to
refund but may remove the ornaments on 2 conditions:
-the principal thing suffers no damage or injury thereby;
-the successor in possession does not prefer to refund the
amount expended
3. BAD FAITH the possessor in bad faith has the same rights
above but the owner or lawful possessor is liable only for the value
of the ornaments, in case he prefers to retain them, at the time he
enters into possession
note: neither the possessor in good faith nor the possessor in bad faith
is entitled to reimbursement for luxurious expenses unless the
prevailing party decides to keep the improvements
ART. 549
RIGHTS AND LIABILITIES OF POSSESSOR IN BAD FAITH
1. FRUITS: he is entitled to the fruits;
a. he must reimburse the value of fruits received subject to art. 443;
b. he has no right whatsoever with respect to pending fruits (art.
449);
c. he must reimburse the value of fruits which the legitiamate
possessor could have received subject to art. 443;
2. NECESSARY EXPENSES: he is only entitled to reimbursement
without right of retention
3. USEFUL EXPENSES: he is entitled to refund and forfeits the
improvements; no right of removal;
4. LUXURIOUS EXPENSES: he is not entitled to refund; he loses
the improvements but he is granted the limited right of removal;
5. CHARGES: he shall share them with the owner or lawful
possessor in proportion to the time of their possession;
6. DETERIORATION OR LOSS: he is always liable, whether due to
his fault or negligence, or due to a fortuitous event
ART.550
COSTS OF LITIGATION OVER PROPERTY
- shall be borne by the possessor of the propery because they
redound to his benefit, the court action being necessary to
maintain his possession;
- every possessor refers really to any possessor; it does not
include the prevailing party who succeeds in the possession
ART.551
IMPROVEMENTS CAUSE BY NATURE OR TIME
- the provision covers all the natural accessions which must
follow the ownership of the principal thing, and generally, all
improvements that are not due to the will of the possessor
ART.552
LIABILITY FOR LOSS OR DETERIORATION
1. possessor in GOOD FAITH:
a. before receipt of judicial summons, a possessor in good faith
is presumed to continue in the same character;
- he is not liable to the owner for damages caused to the
property even if due to his fault or negligence;
b. after receipt of judicial summons, his good faith is converted
into bad faith
2. possessor in BAD FAITH:
-he is liable whether or not the loss or deterioration occurred
before or after receipt of judicial summons and whether or not due
to a fortuitous event
ART.553
IMPROVEMENTS WHICH HAVE CEASED TO EXIST
- having ceased to exist, the owner or lawful possessor who
came too late cannot benefit from them;
- but he is liable for necessary expenses even if the thing for
which they were incurred no longer exists; necesary
expenses are not considered improvements
ART.554
PRESUMPTION OF POSSESSION DURING INTERVENING PERIOD
- the provision contemplates a situation where a present
possessor is able to prove his possession of a property at a
prior period but not his possession during the intervening
period;
- he is presumed to have the property continuously without
interruption, unless the contrary is proved
ART.555
MODES OF LOSING POSSESSION
- the provision applies both to real and personal property
except no. 4 which obviously refers to real property
by abandonment
- the voulutary renunciation of all rights which a person has
over a thing thereby allowing a third person to acquire
ownership or possession thereof by means of occupancy;
- abandoner may be the owner or a mere possessor, but the
latter obviously cannot abandon ownership which belongs to
another;
- since abandonment involves the renunciation of property
right, the abandoner must have a right to the thing
possessed and the legal capacity to renounce it;
- there must be an intention to abandon (spes recuperandi is
gone and the animus revertendi is finally given up;
- by voluntary abandonment, thing becomes without an
owner or possessor and is converted into res nullius and may
thus be acquired by a third person by occupation;
- abandonment which converts the thing into res nullius,
ownership of which may be acquired by occupation can
hardly apply to land, as to which said mode of acquisition is
not available
by assignment
- is understood to mean the complete transmission of the
thing or right to another by any lawful manner;
- it may either be onerous or gratuitous;
- the effect is that he who was the owner or possessor is no
longer so
by destruction, total loss, or withdrawal from commerce
- a thing is lost when it perishes, or goes out of commerce, or
disappears in such a way tht its existence is unknown, or
cannot be recovered
by possession of another for more than one year
- this refers to possession de facto and not de jure
by recovery by lawful owner or possessor
- recovered in an reinvindicatory action or in an action to
recover the better right of possession
ART. 556
LOSS OF POSSESSION OF MOVABLES
1. the possession of movables shall be deemed lost when they
cease to be under the control of the possessor;
2. possession is not lost by the mere fact that the possessor does
not know for the time being the precise whereabout of a specific
movable when he has not given up all hope of finding it
ART. 557
LOSS OF POSSESSION OF IMMOVABLES AND REAL RIGHTS
WITH RESPECT TO THIRD PERSONS
- third persons are not prejudiced except in accordance with
the provisionss of the mortgage law and registration law
ART. 558
POSSESSORY ACTS OF A MERE HOLDER
-the possessor referred in this provision is the same possessor
mentioned in art. 525;
-acts relating to possession of a mere holder do not bind or prejudice
the possessor in the concept of owner unless said acts were previously
authorized or subsequently ratified by the latter;
-possession may be acquired for another by a stranger provided there
be subsequent ratification
ART. 559
RIGHT OF POSSESSOR WHO ACQUIRES MOVABLE CLAIMED BY
ANOTHER
if the acquisition was in good faith, below are the rules:
1. possession equivalent to a title
DOCTRINE OF IRREINVINDICABILITY provides that possession of a
movable is presumed ownership; it is equivalent to a title; no further
proof is necessary
 - the rule is necessary for the purposes of facilitating at the designated time, either the same thing, or, in special
transactions on movable property which are usually done cases, its equivalent
without special formalities;
- the possessors title is however not absolute; it is equivalent characteristics:
to title but not title itself; it is merely presumptive because it 1. it is a real right;
can be defeated by the true owner 2. it is of temporary duration;
3. it is transmissible;
2. where owner or possessor has lost or has been unlawfully 4. it may be constituted on real or personal property, consummable
deprived of a movable or non consummable, tangible or intangible, the ownership of
which is vested on another
- right of ownership, a real right;
- it is however necessary in order that the owner of a chattel classification
may contest the apparent title of the possessor that he 1. as to whether or not impairment of object is allowed:
present adequate proof of the loss or illegal deprivation; - normal;
- the legitimate owner or possessor should avail himself of the - abnormal
proper remedy of replevin under the Rules;
- non payment of price by transferor only creates a right to 2. as to origin:
demand payment or to rescind the contract, or to criminal - legal;
prosecution in the case of bouncing checks - voluntary;
- mixed
3. where the property was acquired at a public sale the owner
cannot recover without reimbursing the price paid therefor; 3. as to number of usufructuaries:
4. the rule is that no one can give what he has not; sale is a - simple;
derivative mode of acquiring ownership and the vendee gets only - multiple which may either be :
such rights the vendor had; -simultaneous;
-successive
*the ff are some exceptions: 4. as to terms ot conditions:
- where the owner of the movable is, by his conduct, - pure;
precluded from denying the sellers authority to sell; - with a term or period;
- where the law enables the apparent owner to dispose of the - conditional
movable as if he were the true owner thereof; 5. as to quality or kind of object:
- where the sale is sanctioned by statutory or judicial authority - of things;
- of rights
ART. 560 6. as to quantity or extent of object
POSSESSION OF ANIMALS - total;
- partial
*animals may be: 7. as to extent of owners patrimony;
- wild; - universal;
- domesticated; - particular
- domestic or tame
impairment of object of usufruct is allowed into:
ART. 561 1. normal that which involves non consumable things which the
LAWFUL RECOVERY OF POSSESSION UNJUSTLY LOST usufructuary can enjoy without altering their form or substance,
though they may deteriorate or diminish by time or by the use to
- the article applies both to possession in good faith as well as which they are applied; it is also known as perfect or regular
to possession in bad faith, but only if beneficial to the ususfruct;
possessor; 2. abnormal that which involves things which would be useless to
- the recovery of possession must be according to law, that is the usufructuary unless they are consumed or expended
,through legal means or by requesting the aid of competent
authorities; *DISTINGUISHED FROM LEASE
- otherwise, the benefit of continuous and uninterrupted
possession during the intervening period cannot be invoked 1. as to nature of right usufruct is always a real right, lease is
generally a personal right;
TITLE VI USUFRUCT 2. as to creator of right in usufruct, the person creating it should
be the owner or his duly authorized agent, while in lease, the
CHAPTER 1 lessor may not be the owner;
USUFRUCT IN GENERAL 3. as to origin usufruct may be created by law, contract, or will of
the testator or by prescription, while lease is generally created by
ART. 562 contract;
USUFRUCT DEFINED 4. as to extent of enjoyment usufruct covers all the fruits and all
the uses and benefits of the entire property, while lease generally
- a real right , of a temporary nature, which authorizes its refers to certain uses only;
holder to enjoy all the benefits which result from the normal 5. as to cause usufruct involves a more or less passive owner who
enjoyment of anothers property, with the obligation to return, allows the usufructuary to enjoy the object given in usufruct, while
 lease involves a more active owner or lessor who makes the
lessee to enjoy; 2. as to the usufruct itself
6. as to repairs and taxes the usufructuary pays for ordinary
repairs and taxes on the fruits, while in lease, the lessee is not a. to alienate the right of usufruct except parental usufruct;
generally under obligation to undertake repairs or pay taxes b. in a usufruct to recover property or a real right, to bring the action
and to oblige the owner thereof to give him proper authority and
ART. 563 necessary proof;
CREATION OF USUFRUCT c. in a usufruct pf part of a common property, to exercise all the
rights pertaining to the co owner with respect to the
usufruct may be classified according to how it is created into: administration and collection of fruits or interests from the
1. legal created by law or declared by law; property;
2. voluntary created by the will of the parties;
3. mixed that acquired by prescription; it is mixed because both 3. as to advances and damages
the law and the volition of the person(usufructuary) participate in
its creation a. to be reimbursed for indespensable extrsordinary repairs made
by him in an amount equal to the increase in value which the
ART. 564 property may have acquired by reason of such repairs;
KINDS OF USUFRUCT DEFINED b. to be reimbursed for taxes on the capital advanced by him;
c. to be indemnified for damages caused to him by the naked owner;
1. as to extent of object:
- total constituted on the whole of a thing; right of usufructuary to fruits
- partial constituted only on a part of a thing;
a. he has the right to receive all the fruits except where the usufruct
2. as to number of beneficiaries: is constituted only on a part of the fruits of a thing or where there
- simple there is only one usufructuary; is an agreement to the contrary;
- multiple there are several usufructuaries, and the latter b. the naked owner retains and can exercise all rights as owner over
may be: the property limited only by the right of enjoyment of the
-simultaneously; usufructuary
-successive
3. as to effectivity or extinguishment: ART.567
- pure no term or condition; RIGHTS OF THE USUFRUCTUARY TO PENDING NATURAL AND
- with a term; INDUSTRIAL FRUITS
- conditional
4. as to subject matter: -the provision does not apply to civil fruits for they accrue daily
- over things;
- over rights 1. fruits growing at the beginning of usufruct belong to the
usufructuary who is not bound to refund to the owner the expenses
ART. 565 of cultivation and production incurred ;
RULES GOVERNING USUFRUCT 2. fruits growing at the termination of the usufruct belong to the
- art. 563; owner but he is bound to reimburse the usufructuary the ordinary
- arts. 566 612 cultivation expenses out of the fruits received

CHAPTER 2 note: the rights of third persons are protected

RIGHTS OF THE USUFRUCTUARY
ART. 568 in relation to ART. 569
ART.566 LEASE BY THE USUFRUCTUARY
RIGHTS OF THE USUFRUCTUARY
- the usufructuary may lease the property in usufruct to
classifications of the rights of the usufructuary another;
- if the usufructuary should expire before the termination of the
1. as to the thing and its fruits lease, the usufractuary or his heirs and the successors are
entitled only to the rents corresponding to the duration of the
a. to receive the fruits of the property in usufruct and half of the usufruct;
hidden treasure he accidentally finds in the property; - the rents for the remaining period of the lease belong to the
b. to enjoy any increase which the thing in usufrucyt may acquire owner;
through accession;
c. to personally enjoy the thing in usufruct or lease it to another; ART.570
d. to make on the property in usufruct such improvements or USUFRUCT CONSTITUED ON CERTAIN RIGHTS
expenses he may deem proper and to remove the improvements
provided no damage is caused to the property; - because civil fruits accrue daily, they belong to the
e. to set off the improvements he may have made on the property usufructuary in proportion to the time the usufruct lasts;
against any damgae to the same; - payments and benefits accrue after the termination of the
f. to retain the thing until he is reimbursed for advances for usufruct belong to the owner;
extraordinary expenses and taxes on the capital;
 - the date when the benefits accrue determines whether they
should belong to the usufructuary or the owner;
- the article applies whether or not the date of the distribution
of benefits is fixed
ART. 571
EXTENT OF THE RIGHTS OF THE USUFRUCTUARY
- the usufructuary is generally entitled to all the benefits that
the thing in usufruct can give including any increase by
accession and servitudes established in its favor;
- the reason is that usufruct covers the entire jus fruendi and
jus utendi
ART. 572
TRANSACTIONS BY THE USUFRUCTUARY
*the usufructuary may primarily enjoy the thing in usufruct, that is , to
possess the thing, use it, and receive its fruits
- but legal usufruct of the parent over his or her
unemancipated children cannot be alienated, pledged
or mortgaged for the right is personal and intransmissible
burdened as it is by important obligations of the parent for the
benefit of the children;
- a usufruct given in consideration of the person of the
usufructuary to last during his lifetime is also personal and
,therefore, intransmissible
*as a rule, all contracts entered into by the usufructuary shall terminate
upon the expiration of the usufruct or earlier, except rural leases which
continue during the agricultural year
ART. 573
USUFRUCT ON THINGS WHICH GRADUALLY DETERIORATE
- the provision gives an instance of abnormal usufruct
because in the enjoyment of the property the usufructuary
cannot preserve its form or substance;
- here, the thing gradually deteriorates through wear and tear,
that is, by normal use
1. the usufructuary is not responsible for the deterioration due to
wear and tear nor is he required to make any repairs to restore it
to its former condition;
2. the usufructuary is liable for damage suffered by the thing by
reason of his fraud or negligence although such liability may be
set off against the improvements he may have on the property;
3. the usufructuary does not answer for deterioration due to
fortuitous event; he is however obliged to make the ordinary
repairs needed by the thing
ART. 574
USUFRUCT ON CONSUMABLE THINGS
- the provision speaks of another instance of abnormal
usufruct because the thing in usufruct cannot be used without
being consumed;
- the usufructuary shall have the right to make use of the
consumable thing;
- at the termination of the usufruct, he must:
1. pay its appraised value;
2. if there was no appraisal made, either:
-return the same quantity and quality or;
-pay its current price at such termination
ART. 575 in relation to ART. 576
USUFRUCT ON FRUIT BEARING TREES AND SHRUBS
- the usufructuary has no obligation to replace with new
plants, the dead trees or shrubs already existing at the
beginning of the usufruct;
- under art. 576, if replacing the trunks could not be too
burdensome, the usufructuary must replace them, whether
or not he makes use of them; the disposition of trunks is his
responsibility
ART. 577
USUFRUCT ON WOODLAND AND NURSERIES
1. the usufructuary may fell or cut trees as the owner was in the habit
of doing or in accordance with the customs of the place as to
manner, amount and season; in any case he must not prejudice
the preservation of the land;
2. in nurseries, the usufructuary may make the necessary thinnings
in order that the remaining trees may properly grow
ART. 578
USUFRUCT OF JUDICIAL ACTION TO RECOVER
- the provision applies if the purpose of the action is to recover
real property or personal property;
- under the Rules of Court, every action must be brought in
the name of the real party in interest; hence, the action may
be instituted in the name of the usufructuary
ART. 579
WHERE USEFUL OR LUXURIOUS IMPROVEMENTS ARE MADE BY
THE USUFRUCTUARY
- the usufructuary has the right to make improvements, useful
or luxurious, on the property held in usufruct as he may deem
proper
rules:
1. in the exercise of the right, he must not alter the form or substance
of the property;
2. he may remove the improvements only if it is possible to do so
without damage to the property;
3. he has no right to be indemnified for the improvements if he does
not exercise his right to remove;
4. if the improvements cannot be removed without damage, he may
se off the same against any damage caused by him to the
property;
5. if the usufructuary does not wish to exercise his right of removal,
the owner cannot compel him to remove the improvements;
6. if the usufructuary wishes to exercise his right of removal, the
owner cannot prevent him by offering to reimburse him;
7. the usufructuarys right to remove the improvements includes the
right to destroy them provided no damage is caused to the
property;
8. the right to remove is enforceable only against the owner, but not
against a purchaser in good faith to whom clean title has been
issued
ART. 580 h. to pay debts when the usufruct is constituted on the whole of a
RIGHT TO SET OFF IMPROVEMENTS patrimony;
i. to secure naked owners or courts approval to collect credits in
- the article presupposes that the improvements have certain cases;
increased the value of the property and the damage to the j. to notify the owner of any prejudicial act committed by third
same was caused through the fault of the usufructuary; persons;
- if the damage exceeds the value of the improvements, the k. to pay for court expenses and costs regarding usufruct
usufructuary is liable for the difference as indemnity;
- if the value exceeds the damage, he may remove the portion 3. those at the termination of the usufruct
of the improvements representing the excess in value if this
can be done without injury to the property; otherwise the a. to return the thing in usufruct to the naked owner unless there is
excess in value accrues to the owner; a right of retention;
b. to pay legal interest for the time that the usufruct lasts, on the
ART. 581 amount spent by the owner for extraordinary repairs and the
RIGHTS AND OBLIGATIONS OF THE NAKED OWNER proper interest on the sums paid as taxes by the owner;
c. to indemnify the naked owner for any losses due to his negligence
1. he may alienate the property in usufruct because the title or of his transferees
remains vested in him;
2. he cannot, however, alter the form and substance of the ART. 584
property or do anything thereon which may cause a WHEN OBLIGATION TO MAKE SECURITY NOT APPLICABLE
diminution in the value of the usufruct or be prejudicial to the
rights of the usufructuary the provision contains the legal exceptions to the obligations of
the usufructuary to give security in two cases;
ART. 582 the exceptions are clearly justified;
USUFRUCT OF PART OF COMMON PROPERTY second marriage includes any subsequent marriage;
the donor or the parents are not exempted from the obligation of
a co owner of property has full ownership of his part and, he making an inventory9
may, therefore, alienate, assign, mortgage, or give it in usufruct
without the consent of the others except when personal rights are ART. 585
involved WHEN THE OBLIGATION TO MAKE AN INVENTORY OR TO GIVE
SECURITY EXCUSED
1. in case a co owner gives the usufruct of his share to a person,
the usufructuary shall exercise all the rights pertaining to the co 1. where the naked owner renounces or waives his right to the
owner regarding the administration and the collection of the fruits inventory or security;
or interest from the property; 2. where the title constituting the usufruct relieves the usufructuary
2. the usufructuary shall be bound by the partition made by the from the obligation;
owners of the undivided property although he took no part in the 3. where the usufructuary asks that he be exempted from the
partition but the naked owner to whom the part held in usufruct has obligation and no one will be injured thereby
been allotted must respect the usufruct;
3. the right of the usufructuary is not affected by the division but is ART. 586
limited to the fruits of said part allotted to the co owner EFFECTS OF FAILURE TO GIVE SECURITY

CHAPTER 3 1. on rights of owners:

OBLIGATIONS OF THE USUFRUCTUARY
- entitles the naked owner for his protection to demand that
ART. 583 immovables be placed under the administration or
classifications of obligations of the usufrcutuary receivership, movables sold, credit instruments be converted
into registered certificates or deposited, and cash and profits
1. those before the usufruct begins: be invested but the interest on the proceeds of sale of
a. to make an inventory of the property; movables and credit instruments placed under administration
b. to give security shall belong to the usufructuary;
- the naked owner gets the proceeds of the sale of movables
2. those during the usufruct: and credit instruments

a. to take care of the property; 2. on the rights of the usufructuary:

b. to replace with the young thereof animals that die or are lost in
certain cases when the usufruct is constituted on the flock or herd - until he gives proper security, the usufructuary cannot enter
of livestock; upon the possession and enjoyment of the property;
c. to make ordinary repairs; - under art. 599, he may not collect matured credits nor invest
d. to notify the owner of urgent extraordinary; capital in usufruct without the consent of the owner or judicial
e. to permit works and improvements by the naked owner not authorization;
prejudicial to the usufruct; - the failure to give security, however, does not extinguish the
f. to pay annual taxes and charges on the fruits; right of usufruct, hence, the usufructuary may alienate his
g. to pay interest on taxes and charges on the fruits; right to the usufruct
ART. 587
SWORN UNDERTAKING IN LIEU OF SECURITY
- the provision applies when the usufructuary who is under
obligation to give security cannot afford to do so and no one
is willing to give security for them
humane considerations;
the usufructuary must first ask the naked owner to grant him the
rights mentioned, and should the latter refuse, he may resort to
the courts
with respect to articles with artistic or sentimental value, the owner
may demand their delivery to him if he gives security to the
usufructuary for the payment of the legal interest on their
appraised value
ART. 588
RETROACTIVE EFFECT OF GIVING SECUIRTY
- the articke applies where the usufructuary who is required to
give security gives the security after the commencement of
the usufruct;
- failure to give the needed security may deprive the
usufructuary of the right to enjoy the possession of the
property in usufruct;
- however, once the security is given, he is entitled to all the
proceeds and benefits of the usufruct accruing from the day
on which he should have commenced to receive them
ART. 589
OBLIGATION TO TAKE CARE OF THE PROPERTY
- this is an obligation of the usufructuary during the usufruct;
- it includes the making of ordinary repairs needed by the thing
given in usufruct;
ART. 590
LIABILITY FOR FAULT OR NEGLIGENCE OF SUBSTITUTE
-the liability of the usufructuary is founded on his duty to preserve the
form and substance on the thing in usufruct
ART. 591
USUFRUCT ON A FLOCK AND HERD OF LIVESTOCK
1. usufructuary has the duty to make replacements although the
death of the animals is due to natural causes;
2. under par. 2 there is no duty to replace provided the usufructuary
is without fault;
3. if the animals are sterile, nad ,therefore, they cannot be replaced
by the young thereof, the usufruct shall be treated as constituted
on fungible things, in such case art. 574 applies
ART. 592
OBLIGATION TO MAKE ORDINARY REPAIRS
1. the usufructuary is bound to make the repairs referred to without
the necessity of demand from the owner;
2. the usufructuary is not liable for deterioration resulting from wear
nad tear not due to his fault or negligence unless the deterioration
could have been prevented or arrested by ordinary repairs and he
failed to make them without valuid reason
ART. 593 in relation to ART. 594
DUTY OF OWNER TO PAY FOR EXTRAORDINARY REPAIRS
the law does not impose an obligation on the naked owner or the
usufructuary to make extraordinary repairs on the property in
usufruct; it is optional for them to make such repairs or not
*the ff are extraordinary repairs:
1. those required by the wear and tear due to the natural use of the
thing but not indespensable for its preservation;
2. those required by the deterioration of or damage to the thing
caused by exceptional circumstances but not indispensable for its
preservation;
3. those required by the deterioration of or damage to the thing
caused by exceptional circumstances and are indispensable for its
preservation
payment for extraordinary repairs:
- the rules depend on the kind of extraordinary repairs in the
same sequence above
the usufructuary, like a possessor in giid faith, has the right of
retention even after the termination of the usufruct until he is
reimbursed for the increase in value of the property caused by
extraordinary repairs for preservation
ART. 595
CONSTRUCTIONS, IMPROVEMENTS, AND PLANTINGS BY
OWNER
- any increase in the value of the usufruct due to the
improvements will inure to the benefit of the usufructuary for
he is entitled to the use and fruits of the property;
- the owner has no right to demand legal interest on his
expenses because they were voluntarily incurred by him;
- the owner may even alienate his property or make changes
thereon as long as he does not impair the right of the
usufructuary
ART. 596 in relation to ART. 597
LIABILITY FOR CHARGES AND TAXES
1. expenses affecting fruits:
- usufructuary must pay the annual charges and taxes which
are imposed and, therefore, are a lien upon the fruits during
the term of the usufruct;
2. land taxes;
3. taxes levied on the capital:
- must be paid by naked owner but he has the right to demand
from the usufructuary the proper interest on the sums paid
ART. 598
WHERE USUFRUCT COVERS ENTIRE PATRIMONY
- the provision applies to a universal usufruct or one which
covers the entire patrimony of the owner,a nd at the time of
its constitution, by donation or any other acts inter vivos;
1. where there is a stipulation for the payment by the usufructuary 8. other causes such as emancipation of the child
of the debts of the owner, the former is liable only for debts
contracted by the latter before the constitution of the usufruct; a usufruct is not extinguished by bad use of the thing in usufruct
2. in the absence of a stipulation, the usufruct shall be responsible
only when the usufruct was created in fraud of creditors which is ART. 604
always presumed when the owner did not reserve sufficient EFFECT OF PARTIAL LOSS
property to pay his debts prior to the creation of the usufruct - to extinguish a usufruct, the loss must be total, except as
provided in articles 607 to 609;
ART. 599 - if the loss is only partial, the usufruct continues with the
USUFRUCT ON MATURED CREDITS remaining part;
- but the partial loss may be so important as to be considered
1. if the usufruct has given sufficient security, he may claim matured a total loss; it is of the courts to determine the question in
credits forming part of the usufruct, collect them, and use and case of disagreement
invest with or without interest the capital collected in any manner
as he ma ydeem proper; ART. 605
USUFRUCT IN FAVOR OF JURIDICAL OR NON- JURIDICAL
2. if he has not given security, or that given is not sufficient, or he ENTITIES
has been excused from giving security, he may collect the credits
and invest the capital which must be at interest, with the consent 1. fifty year limitation;
of the naked owner or approval of the court 2. limitation not applicable to trusts

ART. 600 ART. 606

USUFRUCT OF MORTGAGED IMMOVABLES
- under this provision, the usufruct is particular, constituted by
will or by acts inter vivos, whether by onerous or gratuitous
title;
- if the usufruct is universal, the liability of the usufructuary to
pay for the mortgage is governed by art. 598;
- since the mortgage is on the property itself, the debt must be
paid by the owner;
- the usufructuary may mortgage his right of usufruct which is
a real right
ART. 601
OBLIGATION TO NOTIFY OWNER OF PREJUDICIAL ACTS BY
THIRD PERSONS
- the article speaks of any act which may be prejudicial to the
rights of ownership, not merely of the naked ownershio 3.
ART. 602
OBLIGATION TO PAY FOR JUDICIAL EXPENSES AND COST
- since the expenses, costs and liabilities mentioned are
incurred in connection with litigation over the possession, use
and enjoyment of the thing in usufruct affecting the rights of
the usufructuary, it is just that they are borne by him;
- if the litigation involves only the naked ownership, the owner
should assume them
CHAPTER 4
EXTINGUISHMENT OF USUFRUCT
USUFRUCT WITH DURATION DEPENDENT ON AGE OF A THIRD
PERSON
*the exception to the above rule is when the usufruct has been
expressly granted only in consideration of the existence of a third
person
ART. 607
WHERE USUFRUCT ON LAND AND BUILDING, AND BULIDING
DESTROYED
1. usufruct o land and materials of building:
- destruction of the building terminates the usufruct on the
building but not the usufruct on the land;
2. right granted as a temporary measure:
- to keep the usufruct alive until the building is reconstructed
or replaced;
where insurance received by the naked owner:
- payment of legal interest on insurance received if it has not
been used in the construction of another building during the
while period of the usufruct but he may, if he so desires,
relieve himself of this encumberance by turning over the
money to the usufructuary so that he may use it subject to the
obligation to return the amount to the naked owner after his
death as provided in art. 612
where usufruct on building only and it is destroyed
- same rule applies although the usufruct does not cover the
land for the simple reason that the use of the building
necessarily involves the use of the land

ART. 603 ART. 608

MODES OF EXTINGUISMENT OF THE USUFRUCT PAYMENT OF COST OF INSURANCE

1. by death of the usufructuary; neither the owners nor the usufructuary is under the obligation to
2. by the expiration of period or fulfillment of condition; insure the property in usufruct;
3. by merger; should they do so:
4. by renunciation; 1. the usufructuary shares with the owner in insuring the property,
5. by the loss of the thing; the usufructuary shall continue to enjoy the new building
6. by termination of right of owner; constructed, or if the owner do not wish to rebuild, the usufructuary
7. by prescription;
 shall receive the legal interest on the insurance proceeds which
go to the owner;
2. the usufructuary refuses to contribute to the insurance, and so the
owner pays it alone, the owner gets the full insurance indemnity in
case of loss, the right of the usufructuary being limited to the legal
interest on the value of the land and the materials
the article is silent where the usufructuary alone pays the
insurance or, where both share in the payment thereof, as to the
proportion of their contribution to the insurance
ART. 609 in relation to ART. 610
EXPROPRIATION OF THE THING IN USUFRUCT
- does not extinguish the usufruct; the articl allows the
substitution of the thing by an equivalent thing;
- if the thing expropriated is for public use, the naked owner is
given the option to replace it with another thing of the same
value and of similar conditions;
- or to pay the usufructuary the legal interest on the amount of
indemnity for the whole period of the usufruct; in the latter
case, the owner shall give security for the payment of the
interest
if bad use causes considerable injury to the owner, not to the thing
itself, the owner is given the right provided in art. 610
ART. 611
USUFRUCT IN FAVOR OF SEVERAL PERSONS
- usufruct is not extinguished until the death of the last
survivor;
- as the usufruct continues, the rights of any usufructuary who
dies shall accrue to the surviving usufructuaries
exception: when the title constituting the usufruct provides
otherwise as where the usufruct is constituted in a last will and
testament and the testator makes a contrary provision
- the article applies whether the usufuct is constituted
simultaneously or successively
ART. 612
OBLIGATION OF USUFRUCTUARY TO RETURN THE THING UPON
TERMINATION OF USUFRUCT
TITLE VII EASEMENTS AND SERVITUDES
CHAPTER 1 EASEMENTS IN GENERAL
SECTION I DIFFERENT KINDS OF EASEMENTS
ART. 613
EASEMENT OR SERVITUDE DEFINED
- easement has been defined as a real right constituted on
another' property, corporeal and immovable, by virtue of
which the owner of the same has to abstain from doing or to
allow somebody else to do something on his property for the
benefit of another thing or person;
- it may also be defined as an encumberance imposed upon
an immovable for the benefit of another immovable belonging
to a different owner or for the benefit of a community or one
or more persons to whom the encumbered estate does not
belong by virtue of which the owner is obliged to abstain from
doing or to permit a certain thing to be done on his estate
easement and servitude distinguished
1. easement is an english term while servitude which is derived from
Roman Law, is the name used in cuvil law countries;
2. sevitude is the broader term, it may be real or personal while
easement is always real;
3. it is said that easement refers to the right enjoyed by one and
servitude, the burden imposed upon another;
*characteristics of easement
1. it is a real right but will affect third persons only when duly
registered;
2. it is enjoyed over another immovable, never on ones own
property;
3. it involves two neighboring estates, the dominant to which a right
belongs and the servient upon which the obligation arises;
4. it is inseparable from the estate to which it is attached and,
therefore, cannot be alienated independently of the estate;
5. it is indivisible for it is not affected by the division of the estate
between two or more persons;
6. it is a right limited by the needs of the dominant owner or estate,
without possession;
7. it cannot consist in the doing of an act unless the act is accessory
in relation to a real easement;
8. it is a limitation on the servient owners rights of ownership for
the benefit of the dominant owner; and therefore, it is not
presumed
*easement established only on immovable
- what the law treats of are not all immovables as defined by
the Civil Code but only those which are so by their nature (are
really capable of being moved)
*nature of benefit to dominant estate
- there can be no easement without a burden on an estate for
the benefit of another immovable belonging to a different
owner or of a person or a group of persons
distinguished from lease
1. easement is a real right, while lease is a real right only when
registered;
2. easement is imposed only on real property while lease may
involve either personal or real property;
3. in easement, there is a limited right to the use of real property of
another but without the right of possession, while in lease, there is
a limited right to both the possession and use of anothers property
distinguished from usufruct
1. easement is imposed only on real property, while usufruct may
involve either real or personal property;
2. easement is limited to a particular or specific use of the servient
estate, while usufruct includes all the uses and the fruits of the
property;
3. easement is a non possessory right over an immovable, while
usufruct involves a right of possession in an immovable or
movable;
4. easement is not extinguished by the death of the dominant owner, requirement being that there be adverse possession of the
while usufruct is, as a rule, extinguished by the death of the easement for ten years
usufructuary
ART. 621
note: both are real rights, whether registered or not, and are COMPUTATION OF THE PRESCRIPTIVE PERIOD
transmissible
1. if the easement is positive, the period is counted from the day on
ARTS. 614 - 619 which the owner of the dominant estate began to exercise it;
CLASSIFICATIONS OF EASEMENTS - if it is negative, from the day on which a notarial prohibition
was made on the servient estate;
1. as to recipient of benefit:
ART. 622
a. real art. 613 ACQUISITION ONLY BY TITLE
b. personal art. 614
continuous and apparent easements are the only easements tnat
2. as to its source: can be acquired by prescription because they are the only ones
the possession of which fulfills 2 important requisites required by
a. voluntary; - art. 619 law for prescription: that the possession be public and continuous;
b. legal; - arts. 637 - 687
c. mixed the easements under art. 622 may be acquired by title but not by
prescription because their possession or exercise is either not
3. as to its exercise: public or it is public but not continuous or uninterrupted

a. continuous; - art. 615 * acquisition of easement of right of way by prescription:

b. discontinuous art. 615
- the easement cannot be acquired by prescription, but if the greater
4. as to whether or not its existence is indicated: right of ownership of the property can be acquired by prescription, there
seems to be no reason why the right of way which is a mere
a. apparent; - art. 615 encumberance on the property cannot be similarly acquired;
b. non apparent art. 615
ART. 623
5. as to duty of servient owner DEED OF RECOGNITION OR FINAL JUDGMENT

a. positive; - art. 616 - the article applies to the easements mentioned in art. 622;
b. negative art. 616 - it presupposes that there is a title for the easement;
- the easement may have been acquired by oral contract, or
SECTION 2 MODES OF ACQUIRING EASEMENTS by virtue of some document that has been lost; in either case,
easement exists;
ART. 620 - the owner of the servient estate may voluntarily execute the
MODES OF ACQUIRING EASEMENTS deed referred to in art. 623 acknowledging the existence of
the easement, the court, in an action for the purpose and
1. by title all easements: upon sufficient proof, may, in its judgment, declare its
a. continuous and apparent easements art. 620; existence
b. continuous and non apparent easements art. 622;
c. discontinuous easements art. 622; ART. 624
ALIENATION BY THE SAME OWNER OF TWO ESTATES WITH SIGN
2. by prescription of ten years art. 620; OF EXISTENCE OF SERVITUDE
3. by deed of recognition art. 623;
4. by final judgment art. 623; - the provision contemplates a situation where two estates
5. by apparent sign established by the owner of two agjoining between which there exists an apparent sign of an easement,
estates art. 624 belong to the same owner;
- what the law requires is that the sign indicates the existence
acquisition by title or prescription of a servitude although there is no true servitude there being
only one owner;
- only continuous and apparent easements may be acquired - the article applies in case of a division of a common property
either by virtue of a title or by prescription in ten years; by the co owners as the effect is the same as an alienation,
- other kinds of easements may be acquired by any one of the or there is only one estate and a part thereof is alienated;
modes enumerated but not by prescription; - the article is not applicable in case the two estates or
- title refers to the juridical act which gives birth to the portions of the same estate remain or continue to be in the
easement; same owner after alienation or partition
- art. 620 fixes the ten year period regardless of the good faith
or bad faith of the possessor and whether he has just title; the
general rules on prescription do not apply; the only
ART. 625 ART. 628
RIGHTS GRANTED BY EASEMENT OBLIGATION TO CONTRIBUTE TO EXPENSES OF NECESSARY
- even without the above article, there can hardly be any dpubt WORKS
that all easements are necessarily invested with all the
necessary rights for their use; otherwise, the easement itself dominant owner alone shall shoulder the expenses referred to in
would be in name only art. 627
if the easement is in favor of several dominant estates, all the
ART. 626 owners shall share the expenses in proportion to their respective
IMMOVABLE TO BE BENEFITED BY EASEMENT, AND MANNER OF interests;
ITS EXERCISE the benefits shall be presumed equal in the absence of any
agreement or proof to the contrary;
- where the purpose of the easement or the manner of its an owner may exempt himself from contributing to the expenses
exercise is defined by the title creating it, the exercise of the by renouncing the easement in favor of the others;
easement must be consistent with such purpose or manner the servient owner shall also be obliged to contribute to the
expenses except when there is a stipulation to the contrary, should
SECTION 3 RIGHTS AND OBLIGATIONS OF THE OWNERS OF he make use of the easement in any manner whatsoever;
THE DOMINANT AND SERVIENT ESTATES if he bound himself to bear the cost of the work, he may free
himself from the obligation by renouncing his property to the
ART. 627 dominant owner
RIGHTS OF THE DOMINANT OWNER:
1. to exercise all the rights necessary for the use of the easement; ART. 629
2. to make on the servient estate all the works necessary for the use OBLIGATION OF SERVIENT OWNER NOT TO IMPAIR SERVITUDE
an preservation of the servitude;
3. to renounce the easement if he desires to exempt himself from - the servient owner must abstain from constructing works or
contribution to necessary expenses; performing any act which will impair, in any manner
4. to ask for mandatory injunction to prevent impairment of his use whatsoever, the use of the servitude
of the easement
OBLIGATIONS OF THE DOMINANT OWNER RIGHT OF SERVIENT OWNER TO CHANGE PLACE OR MANNER
1. he cannot alter the easement or render it more burdensome; OF EASEMENT
2. he shall notify the servient owner of works necessary for the use
and preservation of the servitude; - requisites:
3. he must choose the most convenient time and manner in making 1. the place and manner has become very inconvenient to him
the necesary works as to cause the least inconvenience to the from making important works thereon;
servient owner; 2. he offers another place or manner equally convenient;
4. he must contribute to the necessary expenses if there are several 3. no injury is caused by the change to the dominant owner or
dominant estates in proportion to the benefits derived from the to whoever may have a right to use the easement
works
ART. 630
RIGHTS OF THE SERVIENT OWNER RIGHT OF SERVIENT OWNER TO USE EASEMENT
1. to retain the ownership of the portion of the estate on which the
easement is established; - servient owner preserves his dominion over the portion of
2. to make use of the easement, unless there is an agreement to the his estate on which the easement is established;
contrary; - he may use the easement subject to the condition that he
3. to change the place or manner of the use of the easement does not impair the rights of the dominant owner
provided it be equally convenient
SECTION 4 EXTINGUISHMENT OF EASEMENTS
OBLIGATIONS OF THE SERVIENT OWNER
1. he cannot impair the use of the easement; ART. 631
2. he must contribute to the necessary expenses in case he uses MODES OF EXTINGUISHMENT OF EASEMENTS
the easement, unless there is an agreement to the contrary
1. by merger;
RIGHT OF DOMINANT OWNER TO MAKE NECESSARY WORKS 2. by non user for ten years;
3. impossibility of use;
*the rights granted by art. 627 is subject to the following conditions: 4. by renunciation;
1. the works which shall be at his expense, are necessary for the 5. by redemption;
use and preservation of the servitude; 6. other causes
2. they do not alter or render the servitude more burdebsome;
3. the dominant owner, before making the works, must notify the ART. 632
servient owner; PRESCRIPTION OF FORM OR MANNER OF USING EASEMENT
4. they shall be done at the most convenient time and manner so as
to cause the least inconvenience to the servient owner - the form or manner of using the easement is different from
the easement itself or the right to exercise it;
- both may be lost by prescription;
 - the mode of the servitude is accidental; hence, it does not
affect the servitude itself while the servitude is used in one
form or another
2.
ART. 633
WHERE DOMINANT ESTATE OWNED IN COMMON
- since easements are indivisble, the use of the co owner
inures to the benefit of all the co owners and prevents
prescription as to the shares of the latter;
- the use by a co owner is deemed to be use by each and
all the co owners
- the dominant owner may demand their removal or
destruction and recover damages
duty of dominant owner
- cannot make works which will increases the burden;
- but he is not prohibited from cultivatibg his land or
constructing works to regulate the descent of the waters to
prevent erosion to his land and as long as he does not
impede the natural flow of the waters and increase the burden
of the lower estate;
- he is not liable for damages

CHAPTER 2 LEGAL EASMENTS ART. 638

PUBLIC EASEMENTS ON BANKS OF RIVER
ART. 634
LEGAL EASEMENT DEFINED - if the land is of public ownership, there is no indemnity;
- if it is of private ownership, the proper indemnity shall first
-they are easements imposed by law and which have for their object be paid before it is occupied;
either public use or the interest of private persons - the article does not apply to canals

kinds of legal easements ART. 639

1. public legal easements; ABUTMENT OF BUTTRESS OF A DAM
2. private legal easements; which include those relating to:
- waters; - person must first seek the permission of the owner;
- right of way - in case of his refusal, authority must first be secured from
- party wall the proper administrative agency;
- light and view - where the construction of a dam is authorized, the same can
- drainage be considered a private nuisance and may be lawfully
destroyed or removed by the injured landowner
ART. 635 in relation to ART. 636
GOVERNING LAWS ART. 640
DRAWING OF WATER OR WATERING ANIMALS
1. public legal easements:
- primarily by special laws; - this includes the accessory easement of passage or right of
- regulations relating thereto; way of persons and animals to the place where the easement
- Civil Code arts. 613 693 is to be used;
2. private legal easements:
- primarily by the agreement of the interested parties provided *requisites:
it is not prohibited by law or injurious to a third person; - imposed for reasons of public use;
- in the absence of an agreement, by the provisions of general -in favor of a town or village;
or local laws and ordinances for the general welfare; payment of proper indemnity
- in default thereof, by arts. 613 693 of the Civil Code
the provisions of the particular law itself imposing the easement ART. 642
determine whether the legal easement is public or private EASEMENT OF AQUEDUCT DEFINED

SECTION 2 EASEMENTS RELATING TO WATERS - this is the right arising from a forced easement by virtue of
which the owner of an estate who desires to avail himself of
ART. 637 water for the use of said estate may make such waters pass
LEGAL EASEMENTS RELATING TO WATERS thru the intermediate estate with the obligation of
indemnifying the owner of the same and also the owner of the
1. natural drainage; estate to which the water may filter or flow
2. drainage of buildings;
3. easement on riparian banks for navigation; *requisites:
4. easement of a dam; - proof that he has the capacity to dispose of the water;
5. easement for drawing waters or for watering animals; - proof that the water is sufficient for the use intended;
6. easement of aqueduct; - show that the proposed right of way is the most convenient
7. easement for the construction of a stop clock or sluice gate and the least onerous to third persons;
- pay indemnity to the owner of the servient estate
natural drainage of lands
ART. 645
1. duty of servient owner RIGHTS OF OWNER OF SERVIENT ESTATE
- the servient estate may close or fence his estate, or build
- cannot construct works, which will impede the easement; over the aqueduct so long as no damage is caused to the
 aqueduct or the necessary repairs and cleanings of the same
are not rendered impossible;
- he can also construct works he may deem necessary to
prevent damage to himself provided he does not impede or
impair the use of the easement; otherwise he shall be liable
for damages
ART. 646
EASEMENT CONSIDERED AS CONTINUOUS AND APPARENT
- the easement of aqueduct is generally non apparent
because it is found underground;
- discontinuous because it is used only at times, and during
the dry season, the use may be very seldom due to the
insufficient flow of water;
- for legal purposes, the easement is considered apparent and
continuous and therefore susceptible of acquisitive
prescription
ART. 647
CONSTRUCTION OF A STOP LOCK OR SLUICE GATE
- the purpose of the construction is to take water for irrigation,
or to improve the estate;
- the construction is on the estate of another and proper
indemnity has to be paid;
- no damages must be caused to a third person
ART. 648
LAWS GOVERNING SERVITUDE OF WATERS
- governed by arts. 637 647 of the Civil Code;
- special laws relating thereto;
- Water Code of the Philippines;
- in case of conflict the Civil Code prevails
SECTION 3 EASEMENT OF RIGHT OF WAY
ART. 649
EASEMENT OF RIGHT OF WAY DEFINED
- it is the right granted to the owner of an estate which is
surrounded by other estates belonging to other persons and
without an adequate outlet to public highway to demand that
he be allowed a passage way throughout such neighboring
estates after payment of proper indemnity
* requisites:
- claimant must be an owner of enclosed immovable or are
with real right;
- there must be no adequate outlet to a public highway;
- the right of way must be absolutely necessary;
- the isolation must not be due to theclaimants own act;
- the easement must be established at the point least
prejudicial to the servient estate;
- payment of proper indemnity
kinds of easement of right of way
1. private in favor of a private person;
2. public in favor of the community or public at large
note: the easement of right of way, being discontinuous cannot be
acquired by prescription;
- in any case, the right cannot be acquired by prescription if
the use relied upon as basis for prescription was merely
tolerated by the owner of an estate for convenience
ART. 651
WIDTH OF PASSAGE
- it is the needs of the dominant property which ultimately
determine the width of the passage and these needs vary
from time to time
ART. 652 in relation to ART. 653
WHERE LAND OF TRANSFEROR OR TRANSFEREE ENCLOSED
- the articles provide an exception to the requirement in art.
649 regarding the payment of indemnity
1. buyers , etc. land enclosed
- transferee is not obliged to pay indemnity for the easement
as the consideration for the transfer is presumed to include
the easement without the indemnity;
2. donees land enclosed
- art. 652 is not applicable in cases of simple donation
because the donor receives nothing for his property;
3. sellers , etc. or donors land enclosed
- he may demand a right of way but he shall be obliged to pay
indemnity unless the purchaser agreed to grant right without
indemnity
ART. 654
RESPONSIBULITY FOR REPAIRS AND TAXES
- the article applies if the right of way is permanent;
- servient owner retains the ownership of the passage way,
hence he shall pay taxes;
- the dominant owner is liable for the necessary repairs and
the proportionate share of the taxes paid by the servient
owner, that is , the amount of the taxes corresponding to the
proportion on which the easement is established
ART. 655
EXTINGUISHMENT OF COMPULSARY EASEMENT OF RIGHT OF
WAY
- the article provides for two causes of extinguishment: the
joining of the isolated estate to another abutting a public road
and opening of a new road which gives access to the estate;
- the extinguishment is not automatic for the law says that the
servient owner may demand that the easement be
extinguished if he so desires;
- the amount to be returned consists of the value of the land
occupied and the damage caused to the servient estate,
where the servitude is a permanent passage
ART. 656
TEMPORARY EASEMENT OF RIGHT OF WAY
1. owner comprehends the usufructuary who may make use of the
right granted;
2. improvement, alteration or beautification are added to make the
rule comprehensive;
3. indispensable should not be construed in its literal meaning; it is
sufficient that great convenience, difficulty or expense would be
encountered if the easement were not granted
ART. 657
RIGHT OF WAY FOR THE PASSAGE OF LIVESTOCK, WATERING
PLACES, ETC.
- the easement shall be governed by the ordinances and
regulations relating thereto, and in their absence, by the
usage and customs of the place
SECTION 4 EASEMENT OF PARTY WALL
ART. 658
EASEMENT OF A PARTY WALL DEFINED
- refers to all those mass of rights and obligations emanating
from the existence and common enjoyment of wall, fence,
enclosures or hedges, by the owners of adjacent buildings
and estates separated by such objects
party wall: a common wall which separates two estates, built by
common agreement at the dividing line such that it occupies a
portion of both estates on equal parts
party wall vs co ownership
1. in co ownership the shares of the co owners can be divided or
separated physically, but before such division, a coowner cannot
point to any definite portion of the property a sbelonging to him,
while in a party wall, the shares of the co owners cannot be
physically segregated but they can be physically identified;
2. none of the co owners may use the community property for has
exclusive benefit because he would be invading the rights of the
others, while in a party wall, there is no such limitation;
3. any owner may free himself from contributing to the cost of repairs
and construction of a party wall b yrenouncing all his rights thereto,
while in a co ownership, partial renunciation is allowed
ART. 659
WHEN EXISTENCE OF EASEMENT OF PARTY WALL PRESUMED
- in the three cases mentioned, the presumption is that the
structures referred to are party walls;
- the legal presumption is juris tantum, it may be rebutted by
a title or exterior sign, or any other proof showing that the
entire wall in controversy belongs exclusively to one of the
adjoining party owners
ART. 660
EXTERIOR SIGNS REBUTTING PRESUMPTION
- the article mentions some exterior signs rebutting the
presumption of a party wall;
- the wall becomes the exclusive property of the owner of the
estate which has in its favor the presumption based on any
of the exterior signs;
- the enumeration is merely illustrative and not exclusive
ART.661
DITCHES OR DRAINS BETWEEN TWO ESTATES
- the deposit of earth or debris on one side alone is an exterior
sign that the owner of that side is the owner of the ditch or
drain;
- the presumption is an addition to those enumarated in art.
660 and is likewise rebuttable
ART. 662
CONTRIBUTION TO COST OF REPAIRS AND CONSTRUCTION OF
PARTY WALLS
- any owner may free himself from contributing to the charge by
renouncing his rights in the party wall unless it actually supports his
building
ART. 663
DEMOLITION OF BUILDING SUPPORTED BY PARTY WALL
- an owner may also renounce his part ownership of a party
wall if he desires to demolish his building supported by the
wall;
- he shall bear the expenses of repairs and work necessary to
prevent any damage which the demolition may cause to the
party wall;
- on this occasion only means that his liability for damages
is limited to those damages suffered simulateneously, during,
or immediately after, and by reason of the demolition
ART.664
INCREASING HEIGHT OF PARTY WALL
*conditions:
1. he must do so on his own expense;
2. he must pay for damages which may be caused thereby even if
the damage is temporary;
3. he must bear the cost of maintaining the portion added;
4. he must pay the increased cost of preservation of the wall
ART. 666
PROPORTIONAL USE OF PARTY WALL
- the party owners share in the expenses of maintaining a
party wall in proportion to the interest of each;
- they also have a proportionate right to its use without
interfering with the common and respective uses by the other
co owners
SECTION 5 EASEMENT OF LIGHT AND VIEW
ART. 667
EASEMENT OF LIGHT DEFINED
- it is the right to admit light from the neighboring estate by
virtue of the opening of a window or the making of certain
openings
EASEMENT OF VIEW DEFINED
- it is the right to make openings or windows, to enjoy the view
through the estate of another and the power to prevent all
constructions or works which would obstruct such view or
make the same difficult;
- it necessarily includes the easement of light;
- it is possible to have light only without view
making of opening through a party wall
 - a window or opening in the dividing wall of buildings is an
exterior sign which rebuts the presumption that the wall is a
party wall;
- one part owner may not, therefore, make any window or
opening of any kind thru a party wall without the consent of
others
ART. 668
PRESCRIPTIVE PERIOD FOR ACQUISITION OF EASEMENT OF
LIGHT AND VIEW
*the easement may either be positive or negative
1. positive easement it is made thru a party wall or even if made
on ones own wall, if the window is on a balcony or projection
extending over the property;
- a party wall is not for the opening of windows, its purpose is
to support the buildings of the part owners;
- when a window is opened through a party wall, an apparent
and continuous easesment is created from the time of such
opening;
- but there is no true easement as long as the right to prevent
its use exists;
- under art. 668 par.1, the adjoining owner can order the
window closed within ten years from the time of the opening
of the window
2. negative easement if the window is made through a wall on the
dominant estate;
- in such a case, the ten year prescriptive period commences
from the time of the formal prohibition upon the adjoining
owner;
- the formal prohibition must be an instrument
acknowledged before a notary public
ART. 669
OPENINGS AT HEIGHT OF CEILING JOISTS TO ADMIT LIGHT
1. wall is not a party wall the owner may make an opening for the
purpose of admitting light and air, but not for view
*restrictions:
- size must not exceed 30 centimeter square;
- the opening must be at the height of the ceiling joists or
immediately under the ceiling;
- there must be an iron grating imbedded in the wall;
- there must be a wire screen
2. wall becomes a party wall a part owner can order the closure of
the opening because no part owner may make an opening
through a party wall without the consent of the others;
- it can also obstruct the opening unless an easement of light
has been acquired by prescription in which case the servient
owner may not impair the easement
ART. 670 in relation to ART. 671
DIRECT AND OBLIQUE VIEWS
- art. 670 requires a distance of two meters for direct view and
sixty centimeters for oblique or side view;
- while art, 671 provides the manner of measuring the
distance;
- the distance for oblique view is much shorter obviously
because of the difficulty of affording a full view of the adjoining
tenement;
- an owner can build withing the minimum distance or even
up to the dividing line provided no window is opened as
provided in art. 669;
- prescription may still be acquired as a negative easement
after ten years from the time of notarial prohibition
ART. 672
WHERE BUILDINGS SEPARATED BY A PUBLIC WAY OR ALLEY
- the distance provided in art. 670 is not compulasary where
there is a public way or alley provided that it is not less than
three meters wide;
- the minimum width is necessary for the sake of privacy and
safety;
- the width of the alley is subject to special regulations and
ordinances;
- a private alley opened to the use of the general public falls
within the provision of art. 672
ART. 673
WHERE EASEMENT OF DIRECT VIEW HAS BEEN ACQUIRED
- title as used in art. 673 refers to any of the modes of
acquiring easements, namely: contract, will, donation, or
prescription
- whenever the easement of direct view has been acquired by
any such title, there is created a true easement;
- the owner of the servient estate cannot build thereon at less
than a distance of three meters from the boundary line;
- the distance may be increased or decreased by stipulation
of the parties provided that in case of decrease, the minimum
distance of two meters or sixty centimeters prescribed in art.
670 must be observed, otherwise it is void;
- the said distances involve considerations of public policy and
the general welfare, hence, they should not be rendered
ineffective by stipulation
SECTION 6 DRAINAGE OF BUILDINGS
ART. 674
EASEMENT OF DRAINAGE OF BUILDINGS
- is the right to divert or empty the rain waters from ones own
roof or shed to the neighbors estate either drop by drop or
through conduits
the article does not really create a servitude, it merely regulates
the use of ones own property by imposing on him the obligation
to collect its rain water so as not to cause damage to his neighbors,
even if he be a co owner of the latter;
it provides an exception to art. 637 which obliges lower estates to
receive the waters which naturally flow from higher estates
ART. 675
EASEMENT TO RECEIVE FALLING RAIN WATERS
- the article deals not with a legal or compulsary easement,
but with a voluntary easement to receive rain water falling
from the roof of an adjoining building;
- it is an application of art. 629
ART. 676
EASEMENT GIVING OUTLET TO RAIN WATER WHERE HOUSE
SURROUNDED BY OTHER HOUSES
*conditions:
1. there must be no adequate outlet to the rain water because the
yard or court of a house is surrounded by other houses;
2. the outlet to the water must be at the point where egress is
easiest, and establishing a conduit for drainage;
3. there must be payment of proper indemnity
SECTION 7 INTERMEDIATE DISTANCES AND WORKS FOR
CERTAIN CONSTRUCTIONS AND PLANTINGS
ART. 677
CONSTRUCTION AND PLANTINGS NEAR FORTIFIED PLACES
- the article establishes an easement in favor of the State;
- the general prohibition is dictated by the demands of national
security
ART. 678
CONSTRUCTION OF AQUEDUCT, WELL, SEWER. ETC.
- such constructions must comply with the distances
prescribed by locla regulations and customs of the place;
- the owner must take necessary protective works or other
precautions to avoid damage to neighboring estates
- the prohibitions in the article cannot be altered or renounced
by stipulations because they involve considerations of public
policy and general welfare
ART. 678
PLANTING OF TREES
- the article establishes a negative easement;
- it provides the minimum distances of trees and shrubs from
the boundary line;
- they shall be regulated by the local ordinances and in the
absence thereof, by the customs of the place, and in default
thereof, by art, 679;
- the purpose of this article is to prevent the plantings from
enroaching into the neighboring tenements;
ART. 680
INTRUSIONS OF BRANCHES OR ROOTS INTO NEIGHBORING
ESTATE
- the rights given to the adjoining owner by article 680 do not
prescribe where his inaction is by reason of mere tolerance
unless a notarial prohibition is made in which case the
prescriptive period of a negative easement would begin to run
from the date of such prohibition;
- but the owner of the plantings cannot destroy them and the
adjacent owner gas no cause to complain
ART. 681
FRUITS NATURALLY FALLING UPON ADJACENT LAND
- belong to the owner of the adjacent land to compensate him
for the inconvenience causes by the branches of trees
extending over his land;
- note that for the adjacent owner to be entitled to the fruits,
they must not only fall upon his land but the falling must occur
naturally;
- if the fruits fall on public property, the owner of the tree
retains ownership
SECTION 8 EASEMENT AGAINST NUISANCE
ART. 682 in relation to ART. 683
PROPRIETOR OR POSSESSOR OF LAND OR BUILDING
PROHIBITED FROM COMMITTING NUISANCE
- the Civil Code considers the easement against nuisance as
negative because the proprietor or possessor is prohibited
to do something which he could lawfully do were it not for the
existence of the easement;
- however, a nuisance involves any act or omission which is
unlawful;
- the above articles are more of a restriction on the right of
ownership than a true easement
SECTION 9 LATERAL AND SUBJACENT SUPPORT
ARTS. 684, 685, 686,687
PROPRIETOR PROHIBITED FROM MAKING DANGEROUS
EXCAVATIONS
-easement of lateral and subjacent support is deemed essential to the
stability of buildings
the support is lateral when the supported and supporting lands
are divided by a vertical plane;
the support is subjacent when the supported land is above and
the supporting land is beneath it;
- any stipulation or testamentary provision allowing excavations that
violate art. 684 is void;
- the limitation applies also to future constructions;
- the notice required is mandatory except where there is actual
knowledge of the proposed excavation;
- in any case, the excavation should not deprive the adjacent
land or building of sufficient lateral or subjacent support;
- the adjacent landowner is entitled to injuctive relief and to
damages for violation of the provisions
CHAPTER 3
VOLUNTARY EASEMENTS
ART. 688
OWNER OF LAND MAY CONSTITUTE EASEMENT
- since easement involves an act of strict dominium, only the
owner or at least one acting in his name and under his
authority, may establish a voluntary easement;
- however, a beneficial owner may establish a temporary
easement consistent with his right as such and subject to
termination upon the extinguishment of the usufruct
voluntary easements not contractual, they constitute the act of the
owner:
ART. 689
WHERE THE PROPERTY HELD IN USUFRUCT
- the owner of a property in usufruct may create
easements thereon without the consent of the usufructuary provided
the rights of the latter are not impaired;
- the above article follows the rules laid down in arts. 581 and 595
ART. 690
CREATION OF PERPETUAL VOLUNTARY EASEMENT
- consent of both the naked owner and the beneficial owner is
necessary
ART. 691
IMPOSITION OF EASEMENT ON UNDIVIDED PROPERTY
- the creation of a voluntary easement on property owned in
common requires the unanimous consent of all the co
owners, because it involves an act of alteration and not
merely an alienation of an ideal share of a co owner;
- the consent may be given separately or successively
ART. 692
RULES GOVERNING VOLUNTARY EASEMENTS
1. if created by title, auch as contract, will etc., then by such title;
2. if created by prescription, by the form and manner of possession
of the easement;
3. in default of the above, by the provisions of the Civil Code on
easement
ART. 693
WHERE SERVIENT OWNER BOUND HIMSELF TO BEAR COST OF
MAINTENANCE OF EASEMENT
- the article applies only where the owner of the servient
estate bound himself to bear the cost of the work required
for the use and preservation of the easement;
- he is bound to fulfill the obligation he has contracted;
- he may free himself from obligation by renouncing or
abandoning his property to the dominant owner;
- in any case, it cannot be tacit or implied, it must follow the
form required by law for the transmission of ownership of real
property
TITLE VIII
NUISANCE
ART. 694
CONCEPT OF NUISANCE
- art. 596 gives the statutory definition of nuisance in terms of
that which causes the harm or damage, and not of the harm
or damage caused;
- negligence is not an essential ingredient of nuisance but to
be liable for nuisance, there must be resulting injury to
another in the enjoyment of his legal rights
anything which is injurious to public health or safety, is offensive
to the senses, is indecent or immoral, obstructs the free use of any
public street or body of water, impairs the use of property, or, in
any way, interferes with the comfortable enjoyment of life or
property is a nuisance
distinguished from trespass
1. a nuisance consists of a use of ones property in such a manner
as to cause injury to the property or the right or interest of another,
while a trespass is a direct infringement of anothers right of
property;
2. in trespass, the injury is direct and immediate, in nuisance, it is
consequential
when rules on negligence applicable
- it has been held that where the acts or omissions constituting
negligence are the identical acts which, it is asserted give rise
to a cause of action for nuisance, the rules applicable to
negligence will be applied
ART. 695
PUBLIC AND PRIVATE NUISANCES DEFINED
1. a public nuisance has been defined as the doing of or the failure
to do something that injuriously affects safety, health, or morals of
the public, or works some substantial annoyance, inconvenience,
or injury to the public;
2. a private nuisance has been defined as one which violates only
private rights and produces damage to but one or few persons,
and cannot be said to be public
PUBLIC AND PRIVATE NUISANCES DISTINGUISHED
1. the former affects the public at large or such of them as may come
in contact with it, while the latter affects the individual or a limited
number of individuals only;
2. public nuisances are indictable, whereas private nuisances are
actionable, either for their abatement or for damages, or both
mixed nuisances: a thing may be a private nuisance without being
a public one or a public nuisance without being a private one;
- on the other hand, a nuisance may be both public and private
in character;
NUISANCE PER SE (in law) AND NUISANCE PER ACCIDENS (in
fact) DEFINED
1. nuisance per se is an act, occupation, or structure which is a
nuisance at all times and under any circumstances, regardless of
location or surroundings;
- it is anything which of itself is a nuisance because of its
inherent qualities, productive of injury or dangerous to life or
property without regard to circumstance
2. nuisance per accidens is an act, occupation, or structure, not a
nuisance per se, but which may become a nuisance by reason of
circumstances, location, or surroundings
DISTINGUISHED
1. in the case of a nuisance per se, the thing becomes a nuisance
as a matter of law;
- its existence need only to be proved in any locality, without
showing of specific damages, and the right relief is
established by averment and proof of the mere act;
- but where a thing not a nuisance per se is a nuisance per
accidens or in fact, depends upon its location and
surroundings, the manner of its conduct or other
 circumstances, and in such cases, proof of the act and its
consequence is necessary;
- the act or thing complained of must be shown by evidence
to be a nuisance under the law, and whether it is a nuisance
or not is generally a question of fact
2. a nuisance per se may be summarily abated under the undefined
law of necessity;
- but if the nuisance be per accidens it has to be decided
before a tribunal athorized to decide whether a thing or act
does in law consitute a nuisance
doctrine of attractive nuisance
-one who maintains on his premises dangerous instrumentalities or
appliances of a character likely to attract children in play, and who fails
to exercise ordinary care to prevent children from playing therewith or
resorting thereto, is liable to a child of tender years who is injured
thereby, even if the child is technically a trespasser in the premises
- the doctrine is generally not applicable to bodies of water,
artificial as well as natural in the absence of some unusual
condition or artificial feature other than the mere water and
its location
ART.696
LIABILITY OF SUCCESSOR OF PROPERTY CONSTITUTING A
NUISANCE
General rule: only the creator of a nuisance is liable for the damage
resulting therefrom
- however, since the injurious effect of a nuisance is a
continuing one, every successive owner or possessor of
property constituting a nuisance who fails or refuses to abate
it, or permits its continuation has the same liablity as the one
who created it;
- to render him liable, it is necessary that he has actual
knowledge of the existence of the nuisance and that it is
within his power to abate the same
ART.697
ABATEMENT AND RECOVERY OF DAMAGES
- the action to abate and the action to recover damages are
distinct remedies either or both of which the plaintiff may
pursue at his election;
- the owner of property abated as a nuisance is not entitled to
compensation unless he cna show that the abatement is
unjustified
ART. 698
EFFECT OF LAPSE OF TIME
General rule: the right to bring an action to abate a public or private
nuisance is not extinguished by prescription;
Exception: under the special rule of art. 613 (2) which expressly
prescribes that easements are extinguished by obstruction and non
user for ten years
ART. 699
REMEDIES AGAINST A PUBLIC NUISANCE
1. prosecution under the Penal Code or any other local ordinance;
2. civil action;
3. abatement, without judicial proceedings
- the remedies are not exclusive but cumulative;
- all of the may be availed of by public officers, and the last
two by private persons, if the nuisance is especially injurious
to the latter
ARTS. 700, 701 and 702
ROLE OF DISTRICT HEALTH OFFICER AND OTHERS WITH
RESPECT TO PUBLIC NUISANCE
the district health officer is charged with the duty to see to it that
one or all of the remedies against a public nuisance are availed of;
he shall determine whether the third remedy, a is the best remedy
against a public nuisance;
the remedy must be availed of only with the intervention of the
district health officer;
it does not necessarily follow that the failure to observe art. 702 is
in itself a ground for the award for damages;
art. 702 does not empower the district officer to abate a public
nuisance to the exclusion of all other authorities;
the action must be commenced by the city or municipal mayor;
but a private person may also file an action if the public nuisance
is especially injurious to him
ART. 703
RIGHT OF PRIVATE PERSON TO FILE AN ACTION ON ACCOUNT
OF A PUBLIC NUISANCE
- a private person may also file a civil action if the public
nuisance is especially injurious to himself;
- such nuisance becomes to him a private nuisance affecting
him in a special way different from that sustained by the
public in general
ART. 704
CONDITIONS FOR EXTRAJUDICIAL ABATEMENT OF A PUBLIC
NUISANCE
- the article states what may be done in abating a public or
private nuisance: the party injured may remove and if
necessary, destroy the thing which constitutes the nuisance,
without committing a breach of the peace, or doing
unnecessary damage
there is a necessity of giving notice to such person inorder to
enable him to abate the nuisance himself
ARTS. 705 and 706
REMEDIES AGAINST A PRIVATE NUISANCE
- the remedies provided for in the article are the same as the
remedies against a public nuisance except for the absence
of the first remedy of criminal propsecution
ART. 707
LIABILITY FOR DAMAGES IN CASE OF EXTRAJUDICIAL
ABATEMENT OF NUISANCE
- the article provides for two grounds to hold a private or public
official extrajudicially abating a nuisance liable for damages;
- it serves the dual purpose of providing a sort of deterrent
against the improvident or unreasonable resort to the remedy
by unscrupulous parties and at the same time affords the
victim a civil remedy to recover damages without prejudice to
such other remedies granted by law

TITLE IX
REGISTRY OF PROPERTY
ART. 708
SYSTEMS OF REGISTRATION
1. former registration systems:
- system under the Spanish Mortgage Law of 1893;
- Torrens System established by Act. No. 496 as amended,
otherwise known as the Land Registration Act;
- The system provided for in Section 194 of the Revised
Administrative Code as amended by Act No. 3344, covering
transactions affecting real estate not registered under Act No.
496 and under the Spanish Mortgage Law
2. present registration system:
- by virtue of P.D. 892, the system under the Spanish
Mortgage Law was discontinued and all lands recorded under
said system which are not covered by Torrens title shall be
considered as unregistered land
*REGISTRATION DEFINED
- means the entry made in a book or public registry of deeds
the Registry of Property
1. covers only immovable property; movable properties are covered
by Special Laws;
2. the object is the inscription or annotation of acts and contracts
relating to the ownership and other real rights over immovable
property and thus to give notice to parties dealing with property
of its true status and protect them from secret transfers and
encumberances;
3. art. 708 contemplates a system of general registry which would
cover all systems of registration under existing laws including the
system of recording under Act.3344
ART. 709
EFFECTS OF REGISTRATION
1. operates as constructive notice;
2. does not validate or cure defective instrument;
3. cannot bind property where it is legally ineffective;
4. does not vest title
effect of lack of registration
- the purpose of registration is merely to notify and protect the
interests of strangers to a given transaction, but the non-
registration of the deed evidencing such transaction does not
relieve the parties of their obligation thereunder;
- the law always tends to protect registered rights to favor him
who registers and, therefore ,the registration shall prejudice
those who have not registered
prejuduce to third person
- art. 709 speaks of third persons;
- as a general rule, it may be said that when the law speaks
of prejudice to third persons, they are interested parties who
have not registered, nor participated in the act, contract or
deed that was registered by another, and when it says
that third persons shall not be prejudiced, they are interested
parties who base their right on a registered title
ART. 710
POWER OF REGISTER OF DEEDS AS CUSTODIAN OF REGISTRY
BOOKS
- the Register of Deeds has inherent power to control the
office and the records under his custody and has some
discretion to exercise as to manner in which persons desiring
to inspect, examine, or copy the records may exercise their
rights;
- the power to make registration, does not carry with it the
power to prohibit, except perhaps, when it is clear that the
purpose of the examination is unlawful
Registry books of public nature
- it is not the prerogative of registration officers having custody
of records to see that the information which the records
contain is not flaunted before public gaze;
- if it be wrong to publish the contents of the records, it is the
legislature and not the officials having custody thereof which
is called upon to devise a remedy
ART. 711
REFERENCE TO SPECIAL LAWS
-the article refers to three special laws;
-other special laws may include special laws governing the
registration of movable property in a registry office e.g. Chattel
Mortgage Law, the Ship Mortgage Decree and the Land Transportation
and Traffic Code
DIFFERENT MODES OF ACQUIRING OWNERSHIP
PRELIMINARY PROVISIONS
ART. 712
CONCEPT OF MODE AND TITLE
1. MODE is the specific cause which produces them as a result of
the presence of a special condition of things, of the capacity and
intention of persons, and of the fulfillment of the requisites
established by law;
2. TITLE is the juridical act, right or condition which gives the means
to their acquisition but which in itself is insufficient to produce them
MODE AND TITLE DISTINGUISHED
1. mode directly and immediately produces a real right, while title
serves merely to give the occasion for its acquisition or existence;
2. mode is the cause, while title is the means;
3. mode is the proximate cause, while title may be regarded as the
remote cause;
4. mode is the essence of the right which is to be created or
transmitted, while title is the means whereby that essence is
transmitted
different modes (and titles) of acquiring ownership and other real
rights
1. original modes or those independent of any pre existing right of
another person, namely:
a. occupation;
b. work which includes intellectual creation
2. derivative modes or those based on a pre existing right held by 2. occupation refers only to corporeal personal property, while
another person, namely: possession may be exercised over any kind of property, whether
a. law; real or personal, corporeal or incorporeal;
b. donation; 3. occupation requires that the object thereof be without an owner,
c. succession; while possession may refer to property owned by somebody;
d. tradition; 4. occupation requires that there be an intent to acquire ownership,
e. prescription while possession may be had in the concept of a mere holder;
5. occupation may not take place without some form of possession,
law as a mode of acquisition while possession may exist without occupation;
- when the Civil Code speaks of law as a mode of acquisition, 6. occupation is of short duration, while possession is generally of
it refers to it as a distinct mode or to those cases where the longer duration;
law, independent of other modes, directly vests ownership of 7. occupation by itself cannot lead to another mode of acquisition,
a thing in a person once the prescribed conditions or while possession may lead to another mode which is prescription
requisites are present or complied with
ways by which occupation may be effected
tradition as a mode of acquisition 1. by hunting and fishing;
- it is a derivative mode of acquiring ownership and other real 2. by finding of movables which never had any owner;
rights by virtue of which, there being intention and capacity 3. by finding of movables which have been abandoned by the
on the part of the grantor and grantee and the pre existence owner;
of said rights in the estate of the grantor, they are transmitted 4. by finding of hidden treasure
to the grantee through a just title;
ART. 714
- the principal kinds of tradition are as ff: OCCUPATION BY LAND

a. real tradition or physical delivery which takes place when the - land is not included among things that can be the object of
thing is physically delivered or transferred from hand to hand occupation;
if it is a movable, and if it is an immovable, by certain acts - the reason is that when land is without an owner, it pertains
also material, performed by the grantee in the presence of to the State;
and with consent of the grantor which acts generally called - if it is not owned by a private person, it belongs to the public
taking possession; domain
b. constructive tradition or when the delivery of the thing is not - with respect to an abandoned lot, it may be considered as
real or material but consists merely in certain facts indicative without an owner and therefore pertains to the State as part
of the same, this may take place in any of the ff cases: of its patrimonial property, not by virtue of occupation but on
-symbolical tradition; the legal principle that land without owner belongs to the
-tradition by public instrument; State
-tradtion longa manu;
-tradition brevi manu; ART. 715
-tradition constitutum possessorium; REGULATION OF HUNTING AND FISHING
-quasi tradition;
-tradition by operation of law - Special Law regualates hunting to protect animal life Act
No. 2590 a amended by Act. No. 3770, Act. No. 4003 and
TITLE I C.A. No. 491;
OCCUPATION - Special Law governing fishing is P.D. No. 704 otherwise
ART. 713 known as the Fisheries Decree of 1975;
CONCEPT OF OCCUPATION - Hunting and fishing may be regulated by a municipal
corporation or local government unit under a provision of law
- it may be defined as the appropriation of things appropriable or authority granted by Congress, being in this case a
by nature which are without an owner delegation of the States authority to the corporation

requisites: ART. 716

OCCUPATION BY A SWARM OF BEES
1. there must be seizure of a things;
2. the thing seized must be corporeal personal property; - the owner of a swarm of bees that went to another' land shall
3. the thing must be susceptible of appropriation by nature; lose ownership if he has not pursued the same within two
4. the thing must be without an owner; consecutive days after it left his property, or after pursuing
5. there must be an intention to appropriate; the same, he ceases to do so within the same period;
6. the requisites or conditions laid down by law must be complied - in such a case, the possessor or owner of the land may
with occupy or retain the bees

OCCUPATION AND POSSESSION DISTINGUISHED OCCUPATION OF DOMESTICATED ANIMALS

1. occupation is a mode of acquiring ownership, while possession - a domesticated animal which has not strayed or been
merely raises the presumption of ownership when it is exercised abandoned cannot be acquired by occupation by a person to
in the concept of owner; whose custody it was entrusted;
 - neither does the provision apply to a case where a person 1. donor must have the capacity to make the donation of a thing or
has found a domestic animal and kept it for a number of years right;
not knowing its owner; 2. he must have the donative intent or intent to make the donation
- the period of two days and twenty days are not periods of out of liberality to benefit the donee;
limitation, but conditions precedent to recovery 3. there must be delivery, whether actual or constructive, of the thing
or right donated;
ART. 717 4. the donee must accept or consent to the donation
OCCUPATION OF PIGEONS AND FISH
ART. 726
- the articl does not refer to wild pigeons and fish in a state of KINDS OF DONATION
liberty or that live naturally independent of man;
- their occupation is regulated by special laws on hunting and 1. as to taking effect:
fishing; a. inter vivos;
- what is contemplated here are pigeons and fish considered b. mortis causa;
as domesticated animals subject to the control of man in c. propter nuptias;
private breeding places
2. as to consideration:
ART. 718 a. simple;
DISCOVERY OF HIDDEN TREASURE b. remuneratory of compensatory;
c. modal;
- see arts. 438 439 d. onerous

ART. 719 in relation to ART. 720 3. as to effectivity or extinguishment:

RULES AS TO LOST IMMOVABLE
1. the rights and obligations of the finder of lost personal property
are based on the principle of quasi contract;
2. the duty imposed on the finder by art. 719 is based on the fact
that one who lost his property does not necessarily abandon it;
3. if there is no abandonment, the lost thing has not become res
nullius
ARTS. 721 724 provisions relating to Intellectual Creation
TITLE III
DONATION
CHAPTER 1
NATURE OF DONATIONS
ART. 725
CONCEPT OF DONATION
- the donation the article speaks of and which is governed by
TITLE III is the donation proper or the true or real donation;
- it is sometimes simply referred to as ordinary doanation as
opposed to the other kinds of donation
nature and effect of donation
1. although the article defines donation as an act, it is really a
contract, with all the essential requisites of a contract;
- it falls under contracts of pure beneficience, the
consideration being the mere liberality of the benefactor;
- however the Code considers donation not among the
contracts that transfer ownership but as a particular mode of
acquiring and transmitting ownership;
2. the effect of donation is to reduce the patrimony or asset of the
donor and to increase that of the donee;
3. hence, the giving of a mortgage or any other security does not
constitute a donation
a. pure;
b. conditional;
c. with a term
ART. 727
EFFECT OF ILLEGAL OR IMPOSSIBLE CONDITIONS
1. when condition is not deemed imposed:
- the rule on testamentary disposition is followed;
- the donation is considered simple;
2. when donation rendered void:
- being contractual in nature, the rule applicable would be
found in art. 1183
ART. 728 in relation to ART. 729
DISTINCTIONS BETWEEN DONATIONS INTER VIVOS AND
DONATIONS MORTIS CAUSA
1. the first takes effect during the lifetime of the donor; independently
of his death, while the second, upon the death of the donor;
2. the first is made out of the donors pure generosity, while the
second is made in contemplation of his death without the intention
to lose the thing or its free diposal in case of survival;
3. the first is valid even if the donor should survive the donee, while
the second is void should the donor survive the donee;
4. the first must follow the formalities of donations, while the second
must follow the formalities of a will for it is in reality a legacy or
devise;
5. the first must be accepted by the donee during his lifetime, while
the second, being in the nature of a testamentary dispostion, can
only be accepted after the donors death;
6. the first cannot be revoked except for grounds provided for by law,
while the second is always revocable at any time and for any
reason before the donors death;
7. in the first, the right to dispose of the property is completely
conveyed to the donee, while in the second, the right is retained
by the donor while he is still alive;
8. the first is subject to a donors tax, while the second is subject to
estate tax

requisites of donation
ART. 730
DONATION INTER VIVOS SUBJECT TO SUSPENSIVE CONDITION
- the article contemplates a situation where the donor intends
the donation to take effect during his lifetime but he imposes
a suspensive condition which may or may not take place
beyond his lifetime;
- the fact that the event happens or the condition is fulfilled
after the donors death does not change the nature of the act
a a donation inter vivos;
- the exception is when the donor really intended that the
donation should take effect after his death
ART. 731
DONATION INTER VIVOS SUBJECT TO A RESOLUTORY
CONDITON
- a donation subject to a resolutory condition takes effect
immediately but shall become inefficacious upon the
happening of the event which constitutes the condition;
- even if the donation is subject to the resolutory condition of
the donors survival, the donation is still inter vivos
ART. 732
PROVISIONS GOVERNING DONATIONS
- donations inter vivos are donations of property that are not
mortis causa;
- they include the simple, remunerative, modal and onerous,
whether or not subject to any condition or term;
ART. 733
RULES GOVERNING ONEROUS DONATIONS OR ONEROUS
PORTIONS OF DONATIONS
1. alienations by onerous title such as sale, may be considered a
donation to the extent that the value of the thing sold exceeds the
price paid;
2. the article makes the rules of contract directly applicable to
onerous donations and remuneratory donations as to the onerous
portions therof;
3. the remuneratory donations referred to by the article are the
modal donations or those which impose upon the donee a burden
which is less than the value of the thing given; as regards that
portion which exceeds the value of the burden, it shall be governed
by the provisions on donations;
4. modal donations are to be distinguished from the remuneratory
donations proper which consist of those made in consideration of
services rendered by the donee to the donor;
5. thereis no burden imposed on remuneratory donations;
6. if a burden is imposed, it becomes onerous as regards the value
of the burden
ART. 734
PERFECTION OF DONATION
1. necessity of acceptance- must be made during the lifetime of the
donor;
2. notice of acceptance perfection takes place, not from the time
of acceptance by the donee but from the time it is made known,
actually or constructively, to the donor;
3. revocation before perfection once it is perfected it cannot be
revoked without the consent of the donee except on grounds
provided by law;
4. if the donor revokes the donation before learning of the
acceptance by the donee, there is no donation
CHAPTER 2
PERSONS WHO MAY GIVE OR RECEIVE A DONATION
ART. 735
CAPACITY OF DONOR TO CONTRACT AND DISPOSE PF
PROPERTY
- the article requires that the donor must have both the
capacity to contract and the capacity to dispose of his
property in order that he may make a donation
note: *provisions on the Family Code: art. 87, 98 and 125;
art. 493 CC;
B.P. Blg. 68 (Corporation Code) Sec. 36 (9) provides for the
power of corporations to make donation
ART. 736
DONATION BY A GUARDIAN OR TRUSTEE OF WARDS
PROPERTY
*where donation is simple:
- guardians and trustees cannot be donors of their wards
properties for the simple reason that they are not the owners
of the same;
*where donation is onerous:
- the prohibition, however, is not absolute; with respect to the
trustee, donation is permitted notwithstanding that the trustee
receives nothing in exchange directly, if the donation is
onerous and is beneficial to the benefiaciary
ART. 737
CAPACITY OF THE DONOR AT TIME OF MAKING THE DONATION
- donation is perfected is from the moment the donor knows
of the acceptance by the donee;
- under the article, the donors capacity must exist at the time
of the making the donation and not from the time of the
knowledge by the donor of the acceptance, that is , at the
perfection of the act
note: the subsequent incapacity of the donor does not affect the validity
of the donation;
- this is similar to the rule in succession
ART. 738
CAPACITY OF THE DONEE
- a donee need not be sui juris, with complete legal capacity
to bind himself by contract;
- as long as he is not specially disqualified by law, he may
accept donations
ART. 739
DONATIONS VOID ON MORAL GROUNDS
- the article is based on consideraitons of morality and public
policy;
- the prohibitions mentioned in the article apply to
testamentary provisions and to life insurance
ART. 740
INCAPACITY TO SUCCEED A WILL
- the article expressly makes the provisions on incapacity to
succeed by will applicable to donations inter vivos;
- they are also applicable to donations mortis causa which are
governed by the law on succession;
- since donations and wills are both gratuitous, the same
reason for the incapacity exists for both cases
ART. 741
DONATIONS TO MINORS AND OTHERS WITHOUT CAPACITY TO
CONTRACT
- the article does not make any distinction;
- if the reason for requiring acceptance through the parents or
legal representative is the lack of capacity of the donee to
give consent, it is clear that the donee may not validly accept
a donation although it imposes no burden;
- in any case, when a formal or written acceptance is required
by the donor, such acceptance must be made by the parents
or legal representative
ART. 742
DONATIONS TO CONCEIVED AND UNBORN CHILDREN
- the article applies both to simple and onerous donations;
- the acceptance must be made by those persons who would
legally represent them if they are already born
ART. 743
DONATIONS TO INCAPACITATED PERSONS
- the incapacity refers to persons specially disqualified by law
to become donees, such as those referred to in arts. 739 and
740;
- donations to such persons are void even if simulated under
the guise of another contract or through an intermediary
ART. 744
DONATIONS OF THE SAME THING TO DIFFERENT DONEES
- the article expressly makes applicable by analogy the rules
on sales of the same thing to two or more different vendees
ART. 745
BY WHOM ACCEPTANCE IS MADE
- a valid donation once accepted becomes irrevocable except
on such grounds provided by law such as inofficiousness,
failure of the donee to comply with charges imposed in the
donations or by reason of ingratitude
ART. 746
WHEN ACCEPTANCE IS MADE
1. during lifetime of donor and donee donation inter vivos:
- even if donation is made during their lifetime, but the donor
dies before the acceptance is communicated to him, the
donation is not perfected;
2. after death of donor doantion mortis causa:
- if the acceptance was made before the donors death, the
donation mortis causa, although validly executed, cannot be
given force and effect, such acceptance is void
ART. 747
DUTY OF PERSON WHO ACCEPTS IN REPRESENTATION OF THE
DONEE
*requisites:
1. acceptence is made through the parents, legal representative, or
authorized agent of the donee;
2. the property donated is immovable;
3. the acceptance is not made in the same deed of donation but in
as separate public instrument
the requirement of notification of the donor and notation in both
instruments that such notification has been made is necessary for
the validity and perfection of the donation
ART. 748
FORMALITIES FOR DONATION OF MOVABLES
*rules:
1. value of property exceeds P5,000:
- the donation and the acceptance must always be made in
writing;
- the donation and the acceptance need not be made in a
public instrument;
- nor is it necessary that the acceptance be made in the same
deed of donation
2. value of property is P5, 000 or less:
- it may be made orally or in writing;
- if made orally, there must be simultaneous delivery of the
thing or of the document representing the thing donated;
- if made in writing, the donation is valid although there is no
simultaneous delivery
ART. 749
FORMALITIES FOR DONATION OF IMMOVABLES
- the article does not apply to onerous donations which are
governed by the rules on obligations and contracts;
- the provision applies where the donation imposes upon the
donee a burden which is less than the value of the thing given
because it requires that the public document must specify the
value of the charges that the donee must satisfy
rules:
1. donation and acceptance are in the same instrument
- requirements:
a. must be in a public instrument or document;
b. the instrument must specify the property donated and the
charges, if any, which the donee must satisfy
2. donation and acceptance are in separate instruments
- requirements:
a. must be in a public instrument or document;
b. the instrument must specify the property donated and the
charges, if any, which the donee must satisfy;
c. the acceptance by the donee must be in a public document;
d. it must be done during the lifetime of the donor;
e. the donor must be notified in authentic form of the acceptance
of the donation in a separate instrument;
f. the fact that such notification has been made must be noted
in both instruments

CHAPTER 3
EFFECT OF DONATIONS AND LIMITATIONS THEREON
ART. 750
RESERVATION OF SUFFICIENT MEANS FOR SUPPORT OF
DONOR AND RELATIVES
- a donor may donate all his present property or part threof
provided he reserves sufficient property in ownership or in
usufruct for the support of himself and of all relatives who are
entitled to be supported by him at the time of the perfection
of the donation;
- present property means property which the donor can
rightfully dispose at the time of the donation
note: consider art. 759;
- art. 752;
- arts. 82, 83, 84 and 85 Family Code
ART. 751
DONATION OF FUTURE PROPERTY PROHIBITED
- future property refers to anything which the donor cannot
dispose of at the time of the donation;
- the prohibition is based on the principle of law that nobody
can dispose of that which does not belong to him
ART. 752
AMOUNT OF DONATION, LIMITED TO WHAT DONOR MAY GIVE BY
WILL
- the article makes applicable to donations the limitation on
testamentary dispostion with respect to the amount thereof;
- the provision means that a person may not donate more than
he can give by will and a person may not receive by way of
donation more than what the donor is allowed by law to give
by will; otherwise the donation shall be inofficious and shall
be reduced with regard tothe excess;
- the limitation applies when the donor has forced or
compulsary heirs;
- but the limitation is enforceable only after the death of the
donor because it is only then when it can be determined
whether or not the donation is inofficious;
- therefore, the donation is valid during the lifetime of the
donor
ART. 753
DONATION TO SEVERAL DONEES JOINTLY
*rules:
1. the donation is understood to be in equal shares;
2. there shall be no right of accretion among the donees unless the
donor has otherwise provided;
3. if the donees are husband and wife, there shall be a right of
accretion, if the contrary has not been provided by the donor;
ART. 754
RIGHTS AND ACTIONS
*rules:
1. the donee is subrogated to all the rights and actions which in case
of eviction would pertain to the donor;
2. if the donation is simple or remunerative, the donor is not liable
for eviction or hidden defects, because the donation is gratuitous;
3. even if the donation is simple or remunerative, the donor is liable
for eviction or hidden defects in case of bad faith on his part;
4. if the donation is onerous, the donor is liable on his warranty but
only to the extent of the burden
ART. 755
DONATION WITH RIGHT TO DISPOSE OF PART OF OBJECT
DONATED, RESERVED
- the donor may reserve the right to dispose of some of the
things or part of the thing donated or some amount or income
thereof;
- the donation is actually conditional, and the condition is
fulfilled if the donor dies without exercising the right he
reserved, either by acts inter vivos or mortis causa
ART. 757
DONATION WITH PROVISION FOR REVERSION
- the donor may provide for reversion, whereby the property
donated shall go back to the donor or some other person;
- a reversion in favor of the donor may be validly established
for any case and circumstances;
- if the revision is in favor of other persons, such other persons
must be living at the time of the donation
ART. 758
LIABILITY OF DONEE TO PAY DEBTS OF DONOR
rules:
1. where donor imposes obligation upon the donee:
- this is governed by art. 758;
- the donee is liable to pay only debts previously contracted;
- he is liable for subsequent debts only when there is a
stipulation to that effect;
- he is not liable for debts in excess of the value of the
donation received, unless the contrary is intended
2. where there is no stipulation regarding the payment of debts:
- this is dealt with in art. 759;
- the donee is generally not liable to pay the donors debts;
- he is responsible therefor only if the donation has been
made in fraud of creditors which is always presumed when,
at the time of the donation, the donor has not left sufficient
assets to pay his debts;
- he is not liable beyond the value of the donation received
CHAPTER 4
REVOCATION AND REDUCTION OF DONATIONS
ART. 760
GROUNDS FOR REVOCATION AND REDUCTION OF DONATION
1. revocation:
- affects the whole donation and is allowed during the lifetime
of the donor;
- grounds:
a. birth, appearance, or adoption of a child;
b. non fulfillment of a resolutory condition imposed by the
donor;
c. ingratitude of the donee
2. reduction:
- generally affects a portion only of the donation and is
allowed during the lifetime of the donor or after his death;
- grounds:
a. failure of the donor to reserve sufficient means for support of
himself or dependent relatives;
b. failure of the donor to reserve sufficient property to pay off his
existing debts;
c. inofficiousness, that is, the donation exceeds that which the
donor can give by will;
ART. 761
EXTENT AND BASIS OF REVOCATION OR REDUCTION
1. birth, appearance, or adoption of a child:
- the amount subject to revocation or reduction is the excess
over the portion that may be freely diposed of by will;
- the basis of revocation or reduction is the value of the whole
estate of the donor at the time of the birth, appearance or
adoption of a child, and not at the time of the death of the
donor as in the case of inofficious donations under art. 771
2. in case of inofficious donations:
- what is sought to be protected by the article is only the
prospective or presumptive legitime of the child because that
is the only portion which cannot be disposed of;
- if the donation does not exceed the free portion at the time
of the birth, appearance, or adoption, there will be no
revocation or reduction but it may still be reduced under art.
771 if it cannot be covered by the free portion computed as
of the time of the donors death
ART. 762
OBLIGATION OF DONEE UPON REVOCATION OR REDUCTION
1. dependent upon the situation of property donated:
a. if the property affected is still in his possession, he must return
the same;
b. if he has sold the property, he must give its value;
c. if the property has been mortgaged by him, and the donor
redeemed the mortgage, he must reimburse the donor;
d. if the property cannot be returned, as when it has been lost or
destroyed, he must return its value at the time of the donation
2. determination of value at the time of donation
- it is presumed that the price at which the property is sold is
its value;
- if the price is less than its actual value, the donee is not liable
for the difference absent proof of bad faith;
- when the property cannot be returned, its value shall be
determined not as of the time of loss but as of the time of the
donation because the donee became owner from the latter
time and as owner he must suffer the loss or diminution, or
enjoy the increase in value of the property donated
ART. 763
PRESCRIPTION OF ACTION FOR REVOCATION OR REDUCTION
- the donation is revoked ipso jure by operation of law, by the
happening of any of the events mentioned in article 760;
- the period to bring an action is four years, and the day from
which the period shall begin to run depends upon the cause
for the revocation or reduction;
- if the donor dies within the period of prescription, the action
is transmitted to his legitimate and illegitimate children and
descendants;
- the surviving spouse and the ascendants of the donor are
not included
if subsequent to the donation, more than one child was born, the
period of prescription is counted from the birth of the first child;
with respect to legitimation, the period of prescription must be
counted from the time of the legitimation (from the celebration of
the subsequent marriage, whether or not the child is recognized
by the parents);
with respect to adopted children, the period of prescription runs
from the date the judgment of the court approving the adoption
becomes final;
with respect to judicial declaration of filiation, the period of
prescription must run from the date when the judgment declaring
filiation becomes final;
as to receipt of information of existence of child believed dead,
the prescriptive period is to be computed not from the actual
appearance of the absent child but from the time the information
was received regarding its existence;
in case more than one cause or ground for revocation or
reduction concur, the period of prescription must run from the
earliest cause
ART. 764
FAILURE TO COMPLY WITH CONDITIONS
- conditions actually refers to the obligations, charges, or
burdens imposed by the donor for his benefit or that of a third
person;
- what is contemplated is an onerous or modal donation;
- it may also refer to a resolutory condition, but not to a
suspensive condition because if the condition is not fulfilled,
the donation never becomes effective;
- revocation implies that there is an existing donation;
- the condition must be fulfilled within the period fixed by the
donor;
- if the donation does not fix a period, the court shall determine
such period as may under the circumstances have been
probably contemplated by the donor;
- in case of non- fulfillment, the property donated reverts to the
donor;
- failure of the donee to comply with any condition imposed by
the donor will not affect third persons;
- in case of non fulfillment by the donee of any of the
conditions imposed by the donor, the donation shall be
revoked at the instance of the donor;
- the donor may file action for specific performance;
- the article is not applicable to onerous donations which are
also governed by the general rules on prescription (see art.
733);
- the presumption is that the donee has complied with his
obligation under the deed of donation;
- donor has the burden of proof that the donee failed to comply
with his obligation;
- unlike the action for revocation or reduction, there is no
prohibition in art. 764 against the renunciation of the action
by the donor because the condition is purely contractual in
nature; the action may be waived;
- the death of the donor or the donee does not bar the action
to revoke for failure of the donee to comply with any of the
 conditions imposed by the donor, provided the prescriptive
period has not yet expired;
- unlike the action under arts. 769 and 770, the action under
art. 764 is transmissible in favor of the donors heirs and
against the donees heirs because the right granted is not
personal to the donor nor is the liability of the donee personal
to him
ART. 765
REVOCATION BY REASON OF INGRATITUDE OF THE DONEE
- the article does not apply to donations mortis causa and
onerous donations;
- a donation propter nuptias may be revoked by the donor
when the donee has committed an act of ingratitude;
- the enumeration is exclusive and cannot be enlarged;
- the act of ingratitude must have been committed by the
donee himself because the duty of ingratitude is personal
ART. 766 in relation to ART. 767
EFFECT OF REVOCATION ON PRIOR ALIENATIONS AND
M,ORTGAGES
- in case of revocation of a donation by non compliance by
the donee with any of the conditions imposed by the donor,
alienations and mortgages made by the donee are void,
subject only to the rights of innocent third persons;
- if the revocation is by reason of ingratitude, the alienations
and mortgages made by the donee before the complaint for
revocation is annotated in the Registry of Property shall
subsist or are valid, later alienations and mortgages shall be
void;
ART. 768
RETURN NY DONEE OF THE FRUITS OR PROPERTY DONATED
rules depend upon the causes of revocation or reduction:
1. if the cause is the birth, appearance, or adoption of a child or
ingratitude, or inofficiousness of the donation because the donor
did not reserve sufficient means for support, or he donated more
than he can give by will, only the fruits accruing from the filing of
the complaint need be returned;
- from this it can be implied that the donation remains valid up
to the time of the filing of the compalint;
2. if the cause is the non fulfillment of the condition imposed in the
donation, the fruits must be returned from the time of the breach
of the condition;
- the donee shall return the property donated
ART. 769
RENUNCIATION AND PRESCRIPTIVE PERIOD OF ACTION BY
REASON OF INGRATITUDE
1. the action granted to the donor for revocation by reason of
ingratitude cannot be renounced in advance;
- what the law prohibits is waiver, prior to the commission of
the act of ingratitude;
- a past ingratitude can be the subject of a valid renunciation
because the renunciation can be considered as an act of
magnanimity on the part of the donor
2. the action prescribes within one year from the time the donor had
knowledge of the act of ingratitude and it was impossible for him
to bring the action;
- in case of a fortuitous event, the period during which such
impossibility existed is not counted
ART. 770
TRANSMISSION OF ACTION FOR REVOCATION
*general rule:
- the action to revoke a donation by reason of ingratitude is
purely personal to the donor and cannot, as a rule, be
transmitted to the heirs;
*exceptions:
- if the donee killed the donor, the latters heirs can ask for
revocation;
- the heirs may also do so if the donor dies without having
known of the act of ingratitude;
- if a criminal case against the donee was instituted by the
donor, but the donor dies before he could bring the civil action
for revocation, his heirs may likewise bring action because in
such case, the intent of the donor not to pardon the donee is
quite clear;
- if the action for revocation has already been filed by the
donor before his death, his heirs are qllowed to continue the
same
note: the heirs of the donee are not held responsible for the acts of their
predecessor donee;
- the act of ingratitude of the donee is personal;
- but if the donor has already filed the complaint before the
donees death, the suit may be continued against his heirs
ART. 771
REDUCTION OF INOFFICIOUS DONATIONS
- the action to reduce the inofficious donation must be brought
withing five years from the time the right of action accrues
ART. 772
PERSONS ENTITLED TO ASK FOR REDUCTION
- donor not included because the inofficiousness can only be
determined after his death;
- the right to ask for reduction of inofficious donations cannot
be renounced during the lifetime of the donor, either by
express declaration or by consenting to thet donation;
- future legitime is not subject to renunciation
ART. 773
REDUCTION WHERE THERE ARE TWO OR MORE DONATIONS
1. the subsequent donations shall first be reduced and only if they
are not sufficient to cover the disposable portion should the earlier
ones be reduced also with regard to the excess;
2. if the two donations were perfected at the same time, the
reduction should be proportionate unless otherwise provided by
the donor
*RESUME OF RULES ON REVOCATION
1. based on birth, appearance, or adoption of a child (art. 760):
a. time of action: 4 years (art. 763 par.1);
b. transmissibility of action: transmitted to children and descendants
of the donor upon his death (art. 763, par.2);
c. effect of revocation: 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;
(arts. 762 pars. 1 & 2);
d. liability for fruits: donee shall return the fruits accruing from the
filing of the complaint ( art. 768 par. 1);
2. based on noncompliance with condition or conditons (Art. 764):
a. time of action: 4 years 9art. 764 last par);
b. transmissibility of action: the action may be transmitted to the
donors heirs and may be exercised against the donees heirs;
c. effect of revocation: property donated shall be returned to the
donor and the alienations and mortgages are void subject to the
rights of innocent third persons (art. 764 par.2);
d. liability for fruits: the donee shall return the fruits which he may
have received after having failed to fulfill the condition (art. 768
par.2);
regard to the excess, he shall be liable only for the fruits accruing
from the filing of the complaint (art. 768, par. 1);
4. based on fraud against creditors (art. 759)
a. time of action: 4 years (art. 1389);
b. transmissibility ofaction: action is transmitted to the creditors
heirs or successors in interest (art. 1178);
c. effect of reduction: the property affected shall be returned by the
donee for the benefit of the creditor subject to the rights of innocent
third persons;
d. liability for fruits and damages: the 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 the property affected due to any cause, he shall indemnify
the donor,s creditor for damages suffered by the latter

3. based on act of ingratitude (art. 765)

a. time of action: one year (art. 769);
b. transmissibility of action: the action is not transmitted to the heirs
of the donor nor can the action be filed against the heirs of the
donee (art. 770);
c. effect of revocation: property donated shall be returned but
alienations and mortgages effected before the notation of the
complaint for revocation in the Registry of Property shall subsist;
d. liability for fruits: same as no. 1, (d)

RESUME OF RULES ON REDUCTION

1. based on failure of the donor to reserve sufficient means for
support (art. 750)
a. time of action: the action may be brought at any time by the donor
or by the relatives entitled to support during the lifetime of the
donor;
b. transmissibility of action: action not transmissible as the duty to
give support and the right to receive are personal in nature (art.
195 Family Code);
c. effect of reduction: donation is reduced to the extent necessary to
provide support (art. 750);
d. right to fruits: the donee is entitled to the fruits of the owner of the
property donated (art. 441);

2. based on inofficiousness for being in excess of what the donor

can give by will (art. 750, 771)
a. time of action: 5 years ( arts. 771, 1149);
b. transmissibility of action: action is transmitted to the donors heirs
as the donation shall be reduced as regard the excess at the time
of the donors death;
c. effect of reduction: donation takes effect during the lifetime of the
donor subject to reduction only upon his death with regard to the
excess;
d. right to fruits: the donee appropriates the fruits as owner of the
property (art.441);

3. based on birth, appearance, or adoption of a child (art. 760)

a. time of action: same as no. 1 (a);
b. transmissibility of the action: same as no. 1 (b);
c. effect of reduction: same as no. 1 (c);
d. liability for /right to fruits: the donee,as owner, appropriates the
fruits of the property not affected by the reduction(art. 441) but with