ACCESSION TO MOVABLES
What are the kinds of accession to movables?
1. Accession industrial
2. Accession discreta
What are the natural accessions to immovables?
1. Alluvium
- Soil deposited gradually on lands adjoining
riverbanks
Will Art. 457 apply to banks of lakes?
No. Only to rivers
In Heirs of Navarro vs. IAC & Pascual, what kind of
accession is discussed in this case?
o Accretion on a sea bank
o Manila bay is a sea, not a river
o Cannot apply Art. 447
o If it is alluvium, owner of the land
adjoining the river bank, the riparian
owner would own the deposit
What is needed to do for the riparian owner to
acquire the deposit?
o Art. 457
o No prior acts required
o Automatic ownership granted by
operation of law
o Registration: to prevent 3rd persons
Requisites for alluvium
1. Process of soil deposit is gradual and
imperceptible
2. Soil deposit is not identifiable
3. Alluvio belongs to the owner of the land to which
the soil has been deposited
4. Ownership granted to riparian owner is
automatic
Why is there a need to register?
o 3rd persons may acquire them thru
prescription
Will registration of property protect him from
diminution of deposits?
o No
o Not a guarantee
o Manila Bay sea
o Laguna de Bay lake
What law would govern for purposes of soil
deposits?
o Spanish Law on Waters (not yet been
repealed)
Littoral Owner/ Riparian Owner
Govt. vs. Colegio de San Jose
o Strip of land formerly covered by Laguna
Lake
o Strip of land owned by the college
o Laguna Lake receded
Who owns the land?
o According to the Spanish Laws on
Waters, private owners can
o Property adjoining the lake, lake
receded, that it would still be your
property
o No alluvial deposit to speak of
What is Avulsion?
o Transfer of known portion of land from
one tenement to another by the force of
the current
o The portion of land must be such that it
can be identified as coming from definite
tenement
Requisites for Avulsion
1. Process is sudden and abrupt
2. Property detached is identifiable
3. Ownership of detached property is retained
subject to removal within 2 years
4. Ownership of the detached property is not
automatically vested
2-year period to recover detached portion recovered
by riparian owner (PRESCRIPTIVE PERIOD)
How can riparian owner acquire the segregated
portion?
o Acquisitive prescription
What are the requisites of acquisitive prescription?
1. Open
2. Continuous
3. Exclusive
4. Notorious use
Prescriptive Period:
10 years if in GOOD FAITH
30 years if in BAD FAITH
If riparian owner did not do anything, to whom will it
belong (detached portion)?
o It would belong to the STATE
o Regalian doctrine
o Delayed accession
In the absence of any evidence that the soil deposit
acquired thru alluvium by avulsion. What rule would
apply?
o Alluvium rule would apply
o Imperceptible
What if a portion of the land transformed to another
property by landslide, what rule will apply?
o Rule on Avulsion by analogy
Will the rule on alluvium and avulsion apply to
private lands?
o Yes
 o There is no distinction
How about an uprooted tree. Who owns the tree?
o Owner of the land upon which the tree
may be cast
o EXPN: claimed within 6 months
Preserver of trees?
o Indemnified by owner of tree
Not claimed for 6 years?
o No longer the owner
The river changed its course and traversed your
property. There is now an old river bed. Who owns
that old riverbed?
o Art. 461
o Owners whose lands are occupied by
the new course in proportion to the area
lost
What do you mean by abandoned?
o Abandonment by the government
o Government did not do anything to
revert it back to its own course
Who owns riverbeds?
o Property of public dominion
Under the Water Code, government can conduct to
revert rivers back to its own course. What if the river
dried up, who owns the dried up riverbed?
o State
o Public domain
What if the river is covered by lahar? Who owns the
portion covered by lahar?
o Public domain
o Nobody was affected by reason of
natural courses
What are the requisites so that Art. 461 will apply?
1. There must be a definite abandonment by the
government
(Change of course does not ipso facto mean of
its abandonment)
2. Change in the course of river must be
permanent, must continue to exist, muse be
abrupt
3. It covers both navigable and non-navigable
rivers
What is the effect of ramnification of river? Property-
then river branches out leaving some island
portions. Do you still own potions of those lands?
o Art. 463
o Owner of the land retains his ownership
Islands formed in Manila Bay? Laguna Lake?
o Belongs to the State
o Islands formed are patrimonial property
What is navigable rivers?
o Water crafts can pass through
What if islands are formed in non-navigable rivers,
who would own it?
o It is susceptible of private ownership
o RULE: Art. 465 Equidistant
o Islands
o Patrimonial property
o Can be declared alienable by the State
o Susceptible of private ownership
Natural accessions thru lands/change of courses in
rivers
1. Alluvium
2. Avulsion
Types of accession with respect to movable
properties
1. Adjunction or conjunction
2. Mixture
3. Specification
Adjunction or Conjunction
1. United forming a single object
2. Inseparable that their separation would impair
their nature or result in substantial injury to either
thing
3. At least two movables belonging to different
owners
Is good faith-bad faith relevant?
Yes
Do we apply accessory follows the principal?
Yes
What are the characteristics of adjunction?
1. Inseparable
2. Preserves the value of the single object
Determine which is principal or accessory and the
rights and obligations based on the principal or
accessory thing.
Who is the owner of the resulting object by reason of
adjunction/conjunction?
o Owner of the principal thing
o There must be indemnity to the owner of
the accessory/separation (Art. 466)
What if object can be separated?
o Art. 469
o Provided that the separation causes no
injury
Classes of adjunction
1. Escritura or writing
2. Inclusion or engraftment
3. Pinture or painting
4. Soldedura or soldering
a. Ferruminacion
b. Plumbatura
 5. Tejido or Weavering
Who becomes the owner?
o GR: Owner of the principal object
subject to indemnification
What is the principal thing in accession involving
movables?
Art. 467 and 468 (Primary factors)
1. That the thing which is incorporated to
another as an ornament is the accessory
and the other is the principal
2. The thing which is added to or joined is the
accessory and the other is the principal
Based on INTENTION or IMPORTANCE
Secondary Factors
1. The one which has the greater value is the
principal
2. If they are of equal value, then the one with
greater volume shall be considered as the
principal
3. If they are of the same volume, that of greater
merits
If 3 or more movables joined, can there be more than
1 principal?
o No
o Only 1 principal
Art. 469 separation
o Applied only to soldering or inclusion
What if the accessory is more precious than the
principal?
o Art. 469: applies only when the owners
are in GOOD FAITH
o Art 470
Who would shoulder expenses in Art. 469?
o Owner of accessory
o Person who caused the joining would
shoulder expenses for separation
Rights of owner of accessory
o Art. 469 & 470
Who has priority of right? Gold ring owner or
diamond owner?
o Owner of the principal has the call
o Accessory follows the principal principle
What if owner of accessory is in BAD FAITH and
owner of the principal is in GOOD FAITH?
o Loses the accessory
o Liable for damages
Owner of the principal in BAD FAITH
Owner of the accessory in GOOD FAITH
Can principal acquire the resulting object?
o Yes.
o He can pay for the value of the thing
plus damages.
o Accessory follows the principal
Can the owner of the accessory acquire the resulting
object but will indemnify the principal in BAD FAITH
for the principal thing?
o No
o Violative of the rule of accessory follows
the principal
What if both owners made the incorporation in BAD
FAITH?
o Apply as if both are in good faith
What are the ways of paying indemnity?
1. Delivery of thing of the same kind and value and
in all respects
2. Payments of the price appraised by experts
Do you consider sentimental value?
o Yes.
When will right to indemnify apply under Art. 471?
o Without the consent of the
owner
What is covered by material in Art. 471? Is it
principal or accessory?
o Both
ACCESSION TO MOVABLES
When is there accession by mixture?
o May arise by confusion or commixtio
o Mixture could happen by chance or by
will
If mixture was by reason of the will of the parties,
what would determine the resulting object?
o Stipulation of the parties
If mixture was by chance, what would determine the
resulting object?
o Rules on co-ownership
In mixture, what is the principal thing and the
accessory thing?
o There is no accessory and principal
thing
o It does not follow the principle of
accessory follows the principal
o Depends on the:
Will of the parties co-ownership
Agreement rules on obligations and
contracts
What rule will follow if the mixture is due to the will
of one party, no both, but in good faith?
o A relation of co-ownership

Digong has 3,000 sacks of sugar. Trillanes has 1,000
sacks of sugar stored in the same warehouse.
During habagat, the sacks needed to be hauled into
a safer place. Cargadors mixed the sacks of sugar.
With respect to the rights of the parties, who will
own the total of 4,000 sacks of sugar that was mixed
up?
o Rules of co-ownership will apply
o Distribution:
Digong
Trillanes
o Not required to indemnify the Maker
Can Owner of Material demand for indemnity for the
material?
o Yes, plus damages
o MAKER is in BAD FAITH
Is there a situation where Owner of Material cannot
appropriate, even if MAKER is in BAD FAITH?
o When value of the work is more than the
value to the material due to artistic or
scientific importance of work

What if the mix-up was only the decision of Digong, Adjunction Mixture Specification
but he is in good faith?
o State of co-ownership Things retain May/may not Nature of object
their nature retain their retains
What if Digong was in bad faith? nature
o He loses the 3,000 sacks of rice and it
would belong to the other party
o Liable for damages
QUIETING OF TITLE
What if the mix-up was due to an accident? QUASI IN REM
o State of co-ownership o Not purely in rem
o Not in personam
What if the mixture is caused by the negligence of o Liability is personal but can be enforced
one of the parties? in thing or property
o Liable for damages o Example: loan secured by mortagae
liable for payment of loan- property may
Good faith does not necessarily exclude negligence. be foreclosed
If there is no good faith, co-ownership would govern. IN REM
o Action against the whole world
What is specification? o Involves personal status of person
o It is the transformation of anothers o Example: Land title actions
material by the application of labor. The
material becomes a different kind. Real action is not the same as action in rem
o Labor is the principal
IN PERSONAM
Does the principle accessory follows the principal o Needs specific performance
apply to specification? o Example: collection of money
o Yes

Which is the Principal? Accessory? What is Quieting of Title?

o Labor Industry Principal o Action to remove a cloud by reason of
o Material Accessory invalidity of interest over a property
o GR: Real property
Bronze was transformed into a statue by X. Material EXPN: Vessel
used was by A. Who owns the statue?
o Principal Worker Requisites:
o Accessory Owner of Material
REGARDLESS OF THE VALUE 1. Plaintiff has a legal title
a. Legal title
TEST OF IMPORTANCE: b. Equitable title
o Labor and Industry
o Transform into resulting object 2. A claim/encumbrance that is the source of the
cloud on plaintiffs title
When MAKER is in BAD FAITH, who will own the
resulting object? 3. Appears to be valid but in truth, it is invalid
o Owner of material (optional)
Classes of Quieting Title (Art. 476):
Can Owner of Material appropriate the work?
o Yes 1. Preventive
 2. Remedial
Sources of Cloud: (GROUNDS TO QUIET TITLE)
1. Instrument Deed of sale
2. Records, claim, encumbrance
3. Any proceeding
Causes doubt as to ownership on title
Source of the cloud must appear to be
valid
Extraneous evidence is needed to prove
validity
Deed of sale must prove to be
prejudicial to owner and claiming
Cloud must be substantial
Prescriptive Period:
o Plaintiff in possession imprescriptible
o Not in possession:
GOOD FAITH: 10 years
BAD FAITH: 30 years
You are a minor. You have a property in your name.
That property is sold to Miss Ortiz. You signed a
Deed of Sale without assistance of
parents/guardians. Is the Deed of Sale valid?
o Voidable
o Vitiation of consent by minority
What if on the face of the Deed of Sale, there stated:
of legal age?
o Preponderance of evidence is needed
o On its face of instrument: Valid
o In truth: Voidable
- There is a cloud on title
- Basis to file action to quiet title
What if the Deed of Sale indicated, minor, no
signature of parents. Is there a need to prove
evidence?
o No need to file action to quiet title
o INVALID on its face
There is a parcel of land. The intention is to execute
real estate mortgage in favor of Mr. Hermosado.
Seller made a Deed of Sale, not of Mortgage. Mr.
Hermosado acquired that parcel of land.
o Vitiated by fraud
o He can apply action to quiet title
What if the signature is forged?
o He can still apply action to quiet title
A executed a Deed of Sale to a foreigner. It is
indicated that the foreigner is a Filipino citizen but
still, he is a foreigner. Is the Deed of Sale a source of
cloud?
o Yes
o If it appears to be valid
If on its face it is indicated as an American citizen?
o Invalid
o Remedy is annulment of Deed of
Contract
IN AN ACTION TO QUIET TITLE:
Court will declare there is cloud on title
Deed of Sale would be invalidated
The Court cannot go beyond that. It cannot
direct to return properties
UNLESS: action to quiet title with
recovery of ownership
Forged instrument: can file criminal action
Title would be dismissed by the Court if it
cannot be substantiated
LEGAL TITLE EQUITABLE TITLE
Deed of Sale/TCT Prescription
You are in possession of a parcel of land in BAD
FAITH for over 30 years. Mr. Hermosado claiming to
be owner of same land, alleging he purchased from
former owner. Who will file the action to quiet title?
o BOTH can file action to quiet title
o Ms. Ortiz:
- Has equitable title acquired thru acquisitive
prescription
- Source to quiet title is the Deed of Sale of
Mr Hermosado
o Mr Hermosado:
- Has Deed of Sale (LEGAL TITLE)
- Ms Ortiz is occupying property
o Court would determine the better right of
ownership
An action to quiet title
o Remedy based on equity (EQUITABLE
TITLE)
Principles of General Law applicable to quiet title:
1. Legal/Equitable title
2. Prescription
3. Res Judicata
4. Rule 63 of Rules of Court (declaratory
relief/similar remedies)
Who must bring the action under Art. 482 (Ruinous
Buildings)?

o Those who live/whose property adjacent

to the ruinous building

If the construction falls, who would be liable for the

damages?

GR: Owner
EXPN: Engineer/contractor

Liability of Engineer:

o 15 years from the collapse or damage

NOT 15 years from turnover
o Expressly provided for under the Civil
Code

What if the owner of the ruinous building did not

take any action?

o The administrative authorities would

order demolition

There is a tree about to fall. What is the obligation of

the owner?

o Art. 483: Owner of the tree shall be

obliged to fell and remove it or should he
not do so, it shall be done at his
expense by order of the administrative
authorities
o Must secure permit from the DENR
 How does co-ownership arise? Sources of co-
ownership?

CO-OWNERSHIP 1. Contract
2. Law
What is co-ownership? 3. Occupation

o There is co-ownership whenever the Can co-ownership arise by reason by chance?

ownership of an undivided thing or right
belongs to different persons. o Yes
o Includes intransmissible rights o Ex: Mixture; Hidden treasure
o 2 or more persons
Can there be co-ownership by reason of
What governs the relation of co-owners? succession?

o Agreement that prevails o Yes

o In the absence of agreement, special o When a person dies, his heirs become
provision of law prevails co-owners (Testate or Intestate)
o In the absence of special provision, the
provisions on co-ownership

What are the characteristics of co-ownership?

o There is indivisibility
o There are ideal/spiritual share among
co-owners
o Basis of co-ownership: Trust

Does co-ownership have juridical personality?

o No
o It cannot be sued
o Co-ownership cannot sue
o Individual co-owners can sue or harm
defendants

Is co-ownership a right?

o Yes
o It is a real right

Aspects of co-ownership?

1. Owner of ideal share/spiritual proportion

2. Ownership of the entire co-owned property

Law discourages co-ownership

- No juridical capacity

May a co-owner acquire co-owned property by

prescription?

o No.
o You must repudiate co-ownership
o Stop recognizing co-ownership that no
more relation of trust among co-owners

Nature of relationship among co-owners?

o Trust Shares of co-owners

No agreement
Stipulation
What governs co-ownership? o Action for recovery
o Jus vindicandi
1. Agreement
2. Special provision Who may file an action for ejectment?
3. Co-ownership
o Any of the co-owners
Shares: o Presumed for the benefit of all

Benefits Is there a need to secure consent of all co-owners?

Fruits
Expenses/charges o No
o Only one co-owner may file the action
If there is no contribution, does it mean to say there o No need to implead co-owner as party to
is no share in the benefits? an action

Art. 147 of FC: Persons with no benefit of What are actions covered by ejectment?
marriage but provide maintenance to the family 50/50
ownership 1. Accion publiciana
2. Accion reinvindicatoria
Absolute community: no co-ownership 3. Unlawful detainer
4. Forcible entry
Is there co-ownership between builder, either in 5. Quieting title
GOOD FAITH or BAD FAITH, and land owner? 6. Replevin

Articles 448, 449, & 450 would govern What if the co-owner brings action for himself?

Art. 485: would this apply to co-ownership o Will not prosper

brought? o Must be instituted for the benefit of all

If there is succession, the law specifically provides What is the main issue in an ejectment action?
for the share of heirs of decedent?
o Who has a better right of possession?
Legitimate o Reinvindicatoria ownership
Illegitimate
Spouse Can a co-owner file an action for unlawful detainer
against another co-owner?
What is the right granted to each co-owner (Art.
486)? o No
o He has right to use
o Right to use o Remedy: Action to recognize co-
Not only the ideal share but the ownership
whole property
o LIMITATIONS: Co-owner filed. There is an adverse decision on co-
1. Agreed purpose owner.
2. Not prejudicial to other co-owners
3. Not prohibit other co-owners to use o Adverse judgment will not bind co-
owners
Can the co-owners change the purpose of co- UNLESS the case would show
ownership? negligence on co-owner who filed it

o Agreement shall govern What is necessary expenses?

o In case of absence of agreement,
determine purpose:
1. Nature of the thing intended
2. Presumption of the purpose of the thing
Article 487 grants what right to a co-owner?
o Expenses for the preservation of co-
owned property
Who shall bear the expenses for necessary
expenses?

o Right of ejectment o All the co-owners must bear the

expenses for preservation
What is ejectment?
What is a useful expense?
o Expense for the greater enjoyment or
improvement of property
Art. 488: What if the necessary expenses has already
been incurred. What would be the remedy if the co-
owner did not contribute?
o Co-owner can be compelled to
contribute for necessary expenses
o Action to be filed: Collection of sum of
money
What if the co-owner did not want to contribute?
o Co-owner may renounce
Can the co-owner who does not want to contribute
may be compelled to renounce?
o Renunciation must be voluntary and
express
What if the renunciation was tacit?
o Renunciation must be express
Rons owns a propert. Judge Q and Samson owns
2/8 of the property. They are co-owners of a house.
The roof was about to collapse. Mr. Samson and
Judge Q incurred the expenses for the repair which
amounts to 200,000php. They paid 25, 000. (2/8)
175,000php needed (3/4). Rons said she has no
money. Can Rons renounce her share to cover what
they had spent?
o No.
o Prejudicial Renunciation
o Mr Samson and Judge Q may proceed
to repair the building.
o Rons is bound to pay in cash.
o If it werent repaired, the house will
collapse.
Among co-owners, who has authority to make
repairs of the co-owner property?
o Anyone of the co-owners
Is the decision of 1 co-owner enough?
o Yes
o Repair is necessary expense for the
preservation of property
Samson had the roof repaired without notifying co-
owners. Can he compel contributions to co-owners?
o Yes.
Art. 489: must first notify, if practicable. What is the
purpose of notifying?
o Notice consent of all co-owners is
required
o No notice, all must contribute
Art. 489 requires notice practicable. Why does he
bear the risk for lack of notice?
o Reasonableness of expenses
What if the co-owners objected?
o Yes. He could still pursue the repairs
o Those who opposed would bear the
expenses
o Unjustified objection/opposition causing
damage to property
In case of EMBELLISHMENTS, who must give
consent? Does it require all consent of co-owners?
o Even 1 co-owner can make the decision
PROVIDED: he had majority of
the interest
FINANCIAL MAJORITY: 50 + 1
50 is not enough
Ex:
-A -B -C
- no financial majority
Remedy: go to court
Art. 490 Perpendicular co-ownership; Different
story- different owners. When will these rules apply?
o When there is no agreement as to the
expenses for preservation
o NOT applicable to condominiums
Art. 490. Who will pay the party walls? Roof
preservation
o Expense of all co-owners
Who will pay for every floor?
o Unit owner in the said floor
How about the stairs?
o From 1 story to another by the users
CONDOMINIUM ACT
Private unit
- Absolute owner of unit
 - Independent interest in private unit
- Co-owner of undivided interest in the land Car Grab

Interest on common areas and the land. Is there co- o Act of Alteration
ownership? o Change from its original use
o Right to use is affected
o Yes
o An undivided interest in the common House resort; bed and breakfast
areas and on the land
How about selling of property?
Unit owner is an automatic shareholder
o Acts of Alteration
2 important documents in a condominium o Involves acts of ownership
o Not limited to personal property
1. Master Deed o Ex: Mortgage
2. Declaration of Restriction
What would be the effect of there is illegal
Can the unit owner dispose of unit without securing alteration?
consent from other unit owners?
1 co-owner does not consent = illegal alteration
o Yes No unanimous consent
o He can mortgage
o Lose the benefits
How about with respect to the common areas? o Liable for damages

o No Act of Alteration Act of Administration

Change in the substance Transitory
Can foreigner acquire condo units in the of thing
Philippines? Would not give rise to a
real right
o Yes. Management of co-
o PROVIDED: it must be in accordance owned property
with the constitutional imitation (SEC. 5) Financial majority =
o 60/40 requirement of the Constitution administer
o If sale is beyond 40% : Sale is VOID
o 60% must be Filipino-owned
o 50%: VIOLATION Examples of Acts of Administration:
1. Borrowing of money for preservation
2. Payment of taxes
CONSENT
Filing action 1 co-owner sufficient Taxes
Repairs 1 co-owner sufficient
Useful Expenses Financial Majority o Necessary expense
Alterations/Transformation Unanimous Consent o No need for financial majority
All co-owners
How about lease of co-owned property

ACTS OF CO-OWNERSHIP o Act of administration

Shall consent be express or implied? How about lease for more than one year?

o Express o Act of ownership

What is the effect if consent is implied? How about lease less than one year, but registered?

o Co-owner cannot be compelled to pay o Act of Alteration

expenses o Registration gives rise to real rights

What constitutes Acts of Alteration? How about appointment of administrator?

o Modify or change property o Act of administration

o More permanent in nature
How about hiring workers? o No.

o Act of administration What is the status of the sale?

A and B are co-owners of a house. A wanted to add a o Sale is valid up to the sellers share
pool and cabana. Who must decide in order to be
valid?

o All of the co-owners

o Act of administration and alteration

Who is responsible for the management of co-owned

property?

o Co-owners themselves

If the co-owners are too busy, can acts of

management be delegated?

o Yes
o Third person
o Can be delegated to other co-owners

What are the limitations on rights of financial

majority?

1. They must not act beyond mere administration

2. Notify the minority so they could be heard or Is co-ownership a real right or personal right?
they can oppose o Real Right
o Effects of co-ownership are not only
What is the remedy of those in the minority? binding upon the parties
o Dealing with 3rd persons 1 co-owner
o They can go to court and question the deal with repairs
decision of the financial majority
Art. 493: A co-owner cannot substitute another when
What kind of injury would justify court intervention?
personal rights are involved
o Serious and substantial injury Personal rights?
o It must show that the entire co- o Affects relation among co-owners
ownership would be affected
A and B are co-owners of a house bought using
DECISIONS AFFECTING CO-OWNERSHIP common funds. Both has the right to use. Do they have
Preservation 1 co-owner the right to bring a 3rd person to occupy a part of their
Act of Administration Financial majority
house?
Act of Alteration Consent of all
Action for Ejection Only 1 co-owner
o With respect of their undivided share
Embellishment Financial majority Can the other co-owner object?
o No
May a co-owenr sell his share in the co-owned What if the co-owner is uncomfortable on the fact that
property? a 3rd person is living on said part of the house?
o Art 493: Personal right may be affected
o Yes
What is the nature of the co-ownership?
Can you sell a particular portion during existence of o Fiduciary
co-ownership? o Another person living on the house
o Other co-owner does not have the
o No. same trust against the co-owner
o Only ideal share o Affects relation on trust and confidence
What is partition?
Can you sell entire co-owned property?
What would be the object of partition? Does it only
involve personal properties?
Is partition one of the grounds to terminate co-
ownership?
o Yes.
o No more undivided portion of property
o Segregation of property
Apart from partition, what are the other grounds for
termination of co-ownership?
1. Expropriation
- State acquires property
2. Prescription
- In favor of co-owner who repudiates
- Co-owner can acquire thru prescription if he
repudiates co-ownership
- Repudiation: not recognizing ownership
- At the time of repudiation, the period of
prescription would set in
How can the co-owner acquire thru
prescription?
Co-owner must be in exclusive, adverse,
continuous, open and notorious possession
of property
Other co-owner did not file any action
Can prescription be in favor of 3rd person? How
will it terminate co-ownership?
Acquisitive Prescription: 10 years GF
30 years BF
Personal Property: 4 years
8 years
When one co-owner acquired a portion of another? Is
it possible?
o Yes
o Consolidation of co-owned property
into one
Is the action to partition as a ground to terminate co-
ownership prescribe?
o No
o Right of action to prescribe does not
prescribe
o Basis: Art. 494
o Co-owner may demand partition any
time
o Imprescriptible in so far as his share is
concerned
Can co-owner compel another to partition?
o No. Art. 494
o Although it does not prescribe
EXCEPTIONS
1. Co-owners agree to make thing undivided not
exceeding 10 years
Can the period be extended?
o Yes
o Extension must be made after
10 years
After lapse of 10 years, do you have anything
to extend?
o Renewal, not extension
o After expiration of period, there
is nothing more to extend
2. If the donor or testator prohibits partition not
exceeding 20 years
Can the period be extended?
o No. Period should not be
extended
o No longer owners of property;
o no right to extend property
3. When it is prohibited by law to partition
Example: conjugal partnership
4. Partition renders property unserviceable
5. Nature is incapable of partition
Partition cannot be demanded if there is an
agreement
What if the agreement not to partition is for a period
of 20 years? Is the agreement valid?
o Valid up to 10 years
o Remaining 10 years invalid
o Recognized up to allowable period
What if the agreement is to keep the thing undivided
for indefinite period of time?
o Invalid. Against public policy
An agreement that co-ownership will continue not to
partition until one of the co-owner will die. What is the
status of the agreement?
o Valid
o Death is certain
o Only question is when
o There is intention to partition
o BUT there is no period, it is valid up to
10 years
o Co-ownership ceases upon death of co-
owner
What is legal or juridical partition?
o If physical division/partition would
render property unserviceable,
segregation or dividing of property for
its proceeds or value
o Said co-owners may sell property
Can legal/juridical partition be applied to properties
essentially divisible? Like land?
o Yes
How is partition made? Orally? Would it not violate
Statute of Frauds?
o Yes
o Oral or in writing
What is judicial partition?
o Action filed by a party under Rules of
Court
What is the purpose of judicial partition?
o To segregate property
o Court proceeding
Can partition be made out of judicial proceeding?
o Yes
1. Judicial/court proceedings
-need for court approval
2. Extrajudicial/conventional partition
What are the issues in partition
1. Propriety of partition
2. How partition is made/physical or legal partition
3. What is the share of co-owner
During partition, are the creditors given any right?
o Yes
o They can intervene/object/participate
in the partition
o They can make formal opposition
Can they assail/question the partition already effected
(definite partition)?
o No
o Creditors of co-ownership
EXPN:
1. When there is fraud
2. When there is formal opposition to partition
What are the remedies of creditors?
o Rights are recognized
Ex: Right to collect
In Art. 494, are creditors covered?
1. Ordinary creditors
2. Preferred creditors
- Paid first; security/mortgage involved
- Must be creditors
After partition, would co-ownership still be
recognized?
o Art. 497: Creditors during the existence
of co-ownership, not before or after
There are 3 co-owners of a property. There are
creditors (expenses of co-ownership). Is notice
required before partition?
o No
o According to prudence, YES
o To exercise their rights
When partition is already effected. What are the
effects of partitions as to 3rd persons?
o Rights of 3rd persons are not affected
o 3rd persons do not cover creditors of co-
ownership
Creditors covered by Art. 497
Right to assail partition
rd
3 persons
No right to assail partition
After partition, what are the obligations of co-owners?
Judicial partition
- Accounting of proceeds/benefits/et
There are 3 co-owners. A eastern portion; B middle
portion; C- western portion. They draw lots. Middle
portion is squatters area
o Argument incorrect. There is defect
o Even if there is already partition of
definite portions, Art. 501: Reciprocal
warranty on defects of title
o Co-owners have obligation to oust
informal settlers
o Warranting portion that has been titled
o Indemnify B
o Art. 501 remedies
As to the co-owners, what are the effects of partition?
o Co-ownership will be terminated
o Definite portion of property
o Exclusive title over the share
adjudicated
10 years co-owner of property ideal share, no
definite portion. Filed an action for partition on 2017.
When counting the time of possession, time of
possession counted from 2017 or 10 years ago?
o Retroact when co-ownership started
o Acquisitive prescription
o Art. 543
 Mining claims and rights?

o State grants thru mineral agreements

What are the different kinds of special properties?

If State enters into mineral agreements, does the State
1. Waters
divest itself of the title to mineral lands?
2. Minerals
3. Created intellectually/trademarks o No
o Allows exploitation, disposition but not
Art. 502-518
title over the areas where mining
Repealed by water code operations are being conducted
o Limited to Filipino citizens and
What is waters? corporations
Waters above and under State may enter into joint venture agreements

Who owns water?

The State

Rainwater falling on private lands?

o State
o Along with lakes, lagoons, ponds, etc
o Water is owned by the State, not
capable of private ownership

MAYNILAD/ Manila Water

- Given water rights/privilege granted by the

State to use/appropriate waters
- Public utilities

Who may apply for water permits

Judicial persons?

o Corporations
o Domestic corporation
- Following 60/40 requirement of the
Constitution

Art. 519. Special Properties. Mining claims and rights

governed by special laws. Minerals themselves?

o Owned by the state

How about exploitation, utilization, development and

disposition?

o May be granted by the State to Mining

corporations
 Intellectual Creation

o Its product is intellectual property

Is the name of a person itself a property?

o No

What is the value of a name?

o For identity

How about the name used in brands of bags (Tony

Birch, Versace, etc.) Would you say now that your
name is property?

o Yes. It is converted into a visible sign

o Now a property
o When you use it as a brand, it now
becomes a property
TRADEMARK/TRADE NAMES/ COPYRIGHT o Becomes a trade name or trademark

o Intellectual property
o Patents What is a copyright? What covers copyright?
o Being an intellectual property, they are o It pertains to literary and artistic works
statutory rights conferred by law which are original creations
Intellectual Creation o Ex: paintings, scientific machine
o Protect right by having it PATENTED
o One mode of acquiring ownership o It must be new/novel
Intellectual Property You have a blueprint of a machine. You had it
o Right copyrighted.
o Ownership may be exercised over a A. Would it extend to the machine?
property or right B. X made a prototype of you drawing? Is he
liable for violation of Intellectual Property
2 Categories of Intellectual Property Code?
o Copyright extends only to the drawing, not
1. Industrial Property to the prototype.
- Covers inventions, trademarks, industrial o Have it patented MACHINE
design o MUST BE PATENTED:
2. Copyright 1. Copyright design
- Covers artistic and literary works 2. Machine
These are properties How is trademark registered?
What is a trademark? o Registration ______
o Actual use after registration
o Pertains to goods
o If service = service mark What are the rights granted to owner of Trademark?
Art. 520 o Protection does not only cover present
but the potential expansion
o Governed by special laws
o Intellectual Property Law as amended Tradename is registration required?
by RA 8292
 No. 1. Goods
2. Business (ex: fake Starbucks)
Example of Trademark

Adidas, Nike, ChickenJoy

Tests in determining if there is infringement
Example of Trade Name (Manufacturer)
1. Dominancy test
Jollibee Foods Corporation a. Visual (Jollibee picture: bee bug)
b. Oral or sounds like (Kenny Rogers Emmy
Mcdonalds Rogers; Levis Lives)
Trademark pertains to visible sign of the goods. In our c. Conceptual (Product/trade name)
jurisdiction, are sound marks protected? 2. Holistic Test
- Not being used
o Under RA 8293, NO.
o Only trademarks
o Abroad infringing soundmarks
Doctrine of Secondary Meaning
Being properties, they are included in the bundle of
rights of owner XEROX (brand name) photocopy

o Violation would be infringement FRIGIDER refrigerator brand

YELLOW PAD pink pad

What is infringement?
o Confusion caused to the public because
of the introduction or simulation of a
trademark or trade name
- Obtained a secondary meaning
Can you still use this as brand or trade name?
No. Generic

What are the kinds of Trademark or Trade name?

1. When you counterfeit goods Copyright infringement

- pirated DVDs
o Extent of copyright pertaining to
- fake Lacoste shirts
original works
2. Infringement through colorable imitation o Ex: Ogie Alcasid song Revived cover

- not exact imitation/reproduction

Can you copyright your own Ogie Alcasid song?
- LEVIs LIVEs
o NO. Extent of copyright is protected to
- PRADA PRADO original works
Violation of Intellectual Property Code o Royalties Ogie

Both are infringement

Yellow Pages (telephone directory) Can you have it
Essential Elements copyrighted?
1. Causing confusion or similarity to the public o No. with respect to copyright
2. An intent to deceive o There must be a level of creativity
- Want to pass off products to the public and o It must be created or authored
benefit from it
You authored a book. You copyrighted it 5 years after.
Types of Confusion When does protection started?
Pertains to:
 o Automatic protection from moment of Good reputation in the business
creation
o Registration not required

What is the duration of that copyright?

o Lifetime of the author plus 50 years

after death

How do you show proof of ownership of work if there

is no registration?

o You must execute an affidavit

When you hack, is that copyright infringement?

o NO
o Violation of cybercrime law
o UNLESS it resulted to copying

Is the news depicted by news channel need to be

copyrighted?

o No
o NEWS FOOTAGE may be copyrighted

Plagiarism is that copyright infringement? If you copy

the contents of book?

o NO. Not copyright infringement

o More of an ethical issue

Right to use Tradename/Trade mark/ Copyright is

that a right in rem or in personam?

o In rem
o Enforceable and protected against the
whole world

Is goodwill a property?

o A special kind of property

o Personal property

Trade name/Trademark

Personal Property

What is goodwill? Could it be a subject of transaction?

Independently of the business?

o No
o It is inherent and inseparable from the
business

Established goodwill
 - Just title but can be taken away from you
4. Possession with just title from Real Owner
- No flow from transfer of possession
- Owner gave you possession of property

RELATION

1. Relation of possessor to the property

2. Relation of possessor to the world
- Right in rem
- Possessors can exclude others from
possession

POSSESSION ELEMENTS
Is possession the same as ownership? 1. Holding of a thing or corpus
No - May be actual or constructive
2. Existence of property or right
When you hold a thing? 3. Holding is by virtue of a right
4. Conscious and deliberate intention to possess
o You control the thing
o Degree of control May an insane or demented person have the capacity
to possess?
Enjoyment of a right entails?
o No
Exercise of a right
o No intent by virtue of a right
Is possession a right? o By virtue of a right basis in controlling
of a thing
Yes
What is the nature of possession?

o An act by simply holding a thing or

Viewpoint of Possession
exercising a right
1. Right of Possession o It is a right which is either incidental or
- A person can possess property without consequence of ownership or
ownership independent of ownership
2. Right to Possession o It is a fact; state or condition of a
- Incident/consequence of ownership person having a thing under his control

Different degrees of ownership Is possession a definite proof of ownership?

1. Mere holding of a thing No

- Possession by a thief
2. Possession with juridical title
- Possessing property but you are not the Possession does not mean that you are the true
owner owner
3. Possession with just title Non-possession does not mean that you are not
- Your possession did not come from true the owner
owner, but in good faith
What is the principal character of possession? - Fact of possession
2. INDIRECT POSSESSION or in the name of
Presumed ownership
another
When is it presumed? - Physical possessor is merely custodian of
property
Actual possession under a claim of ownership - Possession by an agent
Is presumption conclusive? Kasambahay
No o Indirect possession
What is the extent of possession? o Without title or right

1. Actual Guards
2. Constructive o Indirect possession
3. o Right to possess is not by virtue of his
100 sq. owned land own right
500 sq. house built
500 sq. unoccupied
Kinds of Indirect Possession
Are you required to have all your feet on your
property? 1. Voluntary Indirect Possession
- Caretaker/administrator of property
No
- By agreement
Conditions for constructive possession in order to be
Shares of stocks by Mr. Petilla stockbroker in
valid?
possession of those shares of stocks
1. Must be with title
Yes. In the name of another
- Prescription
- Ownership Voluntary (holding shares of stock not
- Just title by virtue of his own right)
2. Property, subject of constructive possession,
must not be in adverse possession of another 2. Legal Indirect Possession
- Because it may be acquired by that person - Legal guardian in behalf of minor or
incapacitated person
Art. 524 Possession
Can corporations actually possess? Who
1. In owners name or anothers name will possess in behalf of corporation?
2. Owner of holder
3. Bona fide or mala fide o Through Board of Directors or
officers
Distinguish Possession from Ownership o Not in their own name, but in
behalf of corporation
o A person may be holding a thing but he is not
the owner Concepts of Possession
o A person may own a thing he is not in
possession 1. Possession in the Concept of an Owner
- Believes to be the owner of property
Art. 529 Possession may be exercised in ones own - He acts on it
name or in another - The public believes that he is the owner
1. DIRECT POSSESSION or Possession in ones Would this ripen into ownership?
own name
[in the same person] o Yes
- Right of possession
 o One of the requirements of
acquisitive prescription (open,
exclusive, etc.)

Is good faith/bad faith relevant?

No

2. Possession in the Concept of a Holder

- Does not ripen into ownership
- Possession by virtue of own right but lesser
than ownership

Is this possession in the name of another?

o NO
o Because in contract of lease, it
grants him right to possess

Who is in possession of a rented home?

Lessee

In what concept?

o Mere holder
o Contract of lease gives him right
to possess property

GR: Possession should only be the holding of a

thing by 1 person
EXPN: The possession is in different concepts:
1. Concept of owner
2. Concept of holder

Possession actual holding of thing or exercise of a

right
 o Good faith must be based on:
a. Title; or
b. Mode of acquisition
o Transmission of ownership

POSSESSOR IN GOOD POSSESSOR IN THE

FAITH CONCEPT OF AN OWNER
Mere belief Exercises rights
Public recognizes him
Ripens into ownership
(open, continuous,
exclusive, notorious)

POSSESSION IS PRESUMED OWNERSHIP; INCIDENT OF

OWNERSHIP X is a foreigner residing in Philippines. He died in the
Philippines. During his stay, he acquired personal
property (cars, shares of stocks, etc.) With respect to
settlement of his estate, who would be entitled to his
What are the different concepts of possession?
properties? Which law will apply in the settlement of
1. Concept of an owner his estate and entitled to his properties: Is it the law of
-public believes the Philippines where he resides or the country of his
origin?
2. Concept of a holder

- recognizes a superior right

What are the effects of possession in the concept of an
owner? When will he be entitled to just
compensation?
o If he can prove that he is the owner, aside
from possessing the property
Actions
o Unlawful Detainer; Forcible Entry
- Real Property
o Replevin
- Personal Property
Can he register possession?
Yes
What is its significant effect?
o You can acquire it by prescription (concept
of an owner)
Spouse of dead foreigner claims to be Xs heir
Y, child of X under foreign law, only the children
are the heirs, not the spouse
Can this be a basis of good faith?
o Yes
o Rights of possessor in good faith as
possessor in the concept of an owner being
possessing it
o If taken away, you have rights given by law
What if the foreigner was able to acquire land in the
Philippines by purchase. Can heirs of foreigner
maintain it and be a basis of good faith?
o No
o Absolutely prohibited in Constitution
o Art. 3 of Civil Code: Ignorance of the law
excuses no one from compliance therewith.

Who is possessor in good faith/bad faith?
Is belief enough to be considered as possessor in
good faith?
o Belief must be reasonable
Good faith is always presumed. How about bad faith?
o He who alleges must prove it
o Bad faith must be established by competent
proof.
 What may be the object of possession subject to
appropriation?
When is Good Faith interrupted?
1. Immovable and movable properties
o From the awareness of the defects of the
2. Rights
title
o Good faith is converted into bad faith
Rights which cannot be subject of possession?

How will possessor in Good Faith become aware in o (HIZON NOTES)

such defects in title?

o When facts exist: What is a servitude?

1. By extraneous evidence
o Burden on an immovable for the benefit of
2. By extrajudicial notice
another immovable or person
o Right of way
Ms. Torio, I have a Deed of Sale and have a better right
of the property
Property of public domain
o No longer possessor in Good Faith
o Cannot be possessed
o Awareness

Res nullius can it be possessed?

Ms. Butalid filed summons
o Yes
o Extrajudicial notice
o Thru occupation

Art. 529 What is the presumption? What do you

What are res nullius?
mean by continuous possession?
o Properties which have no owner
o It is not only continuous possession is
o Possessed appropriated can be
presumed but the continuity of character of
owned
the possession
Can it be acquired by prescription?
Ms. Torio is in possession in Good Faith of a parcel of o No
land since 2003 until today. What is the presumption o Only by occupation
there?
What is acquisitive prescription?
o Continuously possessing land in good faith
o Presumption in the concept of an owner o Property must be:
o Continue merely renting property even if 1. Open
you bought it 2. Continuous
3. Exclusive
4. Notorious
In possession of land in Bad Faith, what is the
presumption? REAL PROPERTY
10 years Good Faith
o There is NO PRESUMPTION OF BAD FAITH 30 years Bad faith
o It must be proved
PERSONAL PROPERTY
Art. 529 Possessor of an owner, holder in Good 4 years Good Faith
Faith, NOT IN BAD FAITH 8 years Bad Faith
Can a parcel of land be acquired by prescription? ART. 524 How is possession exercised?
o Yes
o 10 years or 30 years
2. Subjection to our will
You are in possession of a land for 10 years in Good
Faith. Ms. Butalid is also in possession of a part of the
Does this require actual possession?
property for 10 years, but she registered it. By reason
of acquisitive prescription, did she acquire it? - Action of ones will
o Yes - Right of possession must be
o Ms. Butalid has a true and valid title according to law
- Acquired land; title - Ex. Constructive delivery

Mode of acquiring a. Tradicion Symbolica

Mode of losing - Delivery of symbols
- Delivery of a key of a car
Birth of a right by one person What if it is only for a test drive?
Loss of a right on the other o Subjection to our will must be accordance
with the law, there is no legal impediment
How is possession acquired?
and there must be intent
1. Material Occupation
- Actual holding or by constructive b. Tradicion Longa Manu
delivery - By pointing
- There would be consent or
What if it is a right/incorporeal property? agreement
- Mode of acquiring

CONSTRUCTIVE DELIVERY
1) Tradition Brevi Manu 3. Proper Acts and Legal Formalities
Lessee Owner - Constructive possession
(Tenant bought property; capacity of - Example: Hereditary Succession;
possession) Deed of Donation
2) Constitutum Possessorium
Art. 532 Who acquires possession?
o Personal possession by person who is to
enjoy it
Art. 531 Is it the same as occupation in acquiring
ownership by res nullius? Art. 534- How is possession exercised?
1. Direct
Art. 531 Art. 712 2. Indirect
Intent to possess Intent to own
Factual possession Occupation as mode of Requisites on how possession is acquired by the
acquiring ownership person to enjoy it
o (PINEDA BOOK)
Art. 531- Will it cover possession of rights?
o No
Will it apply to concept of an owner or mere
o Other modes in exercising rights
holder?
o Would apply to BOTH
ART. 531 How is possession acquired?

ART. 532 Who acquires possession? Possession through a legal authority: REQUISITES:
 (PINEDA BOOK)
Can possession be acquired by an unauthorized
person? Requisites?
o Yes
o Thru subsequent ratification
If unauthorized, it may be illegal
o It will not give rise to possession
o Ex. Illegal settlers forcible entry
Will they fall under this Article?
NO.
They have capacity to possess on their own
but not authorized
Need for ratification
What is the principle of Negotiorum Gestio?
o You went abroad. Your neighbor, without
you authority, maintained your property
negotiorum gestio
o When you got home
- There is need for ratification
- If not, you can sue him for
usurpation, etc.
- Reimburse the gestor
In succession, when is possessory rights over
hereditary rights acquire?
o Upon acceptance
X died in 2010. Childrens acceptance is only on
February 11, 2017. When did the children acquire
possession the inheritance thru succession?
o 2010
o It would retroact
If the heirs renounced or incapacitated to inherit, will
they deem to possess property?
o _________
If they possess property and renunciate inheritance?
o They should return all the properties
o Deemed not to have acquired the property
What is the effect of Bad Faith of a person on his
successors?
o Bad faith is not transmitted to heirs
o Bad faith is personal and intransmissible
o Presumption of Good Faith on heir or
successor
Good faith on heir. Would that erase the Bad Faith of
decedent?
o No
X died on Feb. 11, 2010. X was a possessor in Bad Faith
of land for 20 years at the time of his death. Y is Xs
son. Will the son suffer the consequence of decedents
Bad Faith?
o No
For the son to acquire land by possession, how many
years would he need?
o 10 years in Good Faith
What would happen to the 20 years of Bad Faith of the
Father?
o Not counted
If his father possessed the land in 31 years, how long
would the son need in order to acquire land thru
prescription?
o None
o The father already acquired the land
o 31 years in Bad Faith
o Land is already transmitted to son
Can minors acquire possession of properties?
o Need legal representatives
When will this apply?
o Only juridical acts are required
o If there is a need for the child to sign to
execute Deed of Sale
If property be simultaneously delivered for a minor? Can a land with title be acquired by prescription?

o No need for legal representative o No

o Torrens title (Confirmation of ownership)

Art. 537 Threat, violence and stealth do not affect

possession. If by reason of threat, violence and stealth,
will that possession ripen into ownership? Will
prescriptive period set it?

o No
PROHIBITED MODES OF ACQUIRING POSSESSION Cellphone was stolen. In that case, who is in
o Through force or intimidation as long as possession of that stolen cellphone?
there is a possessor who objects thereto o Thief

What is Tolerance? Who has legal possession?

o You have a land. You told X he can occupy it o Owner
o Permission given to person

What is the degree of possession of the thief?

Could X acquire possession by mere tolerance and
acquire ownership? o Grammatical degree
o Cannot acquire by prescription
o No o No legal possession
o Possession would not give rise to
What if there is no force. Somebody secretly prescription
occupied/took your property?
Possession as a fact cannot be recognized in two
o Art. 537 persons

If possession was acquired thru force or clandestine EXCEPTION:

means, how could that possession be recovered? Co-possession by reason of co-ownership

o Invoke the aid of the Court

o Art. 536 With respect to a rented house, who is in possession?

o Tenant in the concept of holder

Land occupied without your knowledge. What action (physical possession)
should you file in court? o Lessor in the concept of an owner
(legal possession)
o Accion publiciana
o Accion interdictal
- Unlawful detainer There are 2 persons in possession of a parcel of land. 2
- Forcible entry are not co-owners. Who will be recognized of better
right?
Can you also file criminal actions?
1. In actual possession
o Usurpation 2. In possession for a longer period of time
o Robbery or Theft 3. With title
 Right to be recovered/right to be restored

X has a contract of lease, in the concept of a holder. Y o Must be through legal means
has in possession of land since 2005 until today in good
faith. Who has a better right: the one with the title or
Art. 509 will that apply to possessor in Good Faith?
the possessor of land for a longer period of time?
Bad faith?
o Possessor of land for a longer period of time
o Yes
o 12 years, already acquired just title
o PROVIDED if you are possessor in Bad Faith,
o Possessor in the concept of an owner
Bad Faith does not constitute a crime, you
cannot invoke the aid of the court
What if the land has a Deed of Sale over the property.
Why do you think is the reason for protecting
Who would be preferred, if one of the Deed is
possession like that of ownership?
registered?
o It is an incident of ownership
o Registered deed
o It is a right which is independent of
ownership
How would you classify possession of a squatter? o Possession is presumed ownership
o Possession is a right
o Illegal possession
o Will not ripen into legal possession or
ownership Actions to recover possession

o Real Properties
- Accion interdictal
Possession, when validly acquired, gives rise to certain - Accion publiciana
rights. What are the rights of possessor recognized by o Personal Properties
law? - Replevin

o Art. 539
- Right to be respected Acquisitive Prescription What would give rise to it?
- Right to be protected
o Lapse of time
- Right to be restored
o Possession (needs to be protected)
o Possession in the concept of an owner
Self-help exercised only by the owner?
What is just title?
o Owner or lawful possessor
TITLE WITH RESPECT TITLE WITH RESPECT
Right in conjunction with right to be restored TO POSSESSION TO ACQUISITIVE
PRESCRIPTION
o Right to obtain writ of preliminary Pertains to titulo Colorable title
mandatory injunction verdadero
True and valid title Not presumed; must be
proved
Preliminary mandatory injunction
In a form of document
o Within 10 days or a right
o Art. 539
o Modified by Rule 70(15) of Rules of Court Is true and valid title presumed in possession?
o Unlawful Detainer or Forcible Entry
o Yes
o Possession in the concept of an owner
 o Presumed ownership
Art. 541 There is legal presumption
o Possession is with a just title
o Not automatically ownership
o Cannot be obliged to show or prove title
o Legal presumption as long as possession is
in the concept of an owner
o True and valid title
Art. 541 Will this apply to a possession that is merely
constructive?
o Applies to actual and constructive
possession
o The law makes no distinction
Art. 542- what is the presumption?
o Possession of movables
o Movables in immovables
o Possession is presumed ownership
What kind of presumption is this?
- Disputable Presumption
Will this presumption apply to rights under Art. 541?
o No
o Only to things
o Possession of real property
3 co-owners of parcel of land since 2010. Decided to
partition property on January 2017. We have definite
portions of land. How long have we been in
possession?
o 2010
o Retroactive to the start of co-ownership
In 2012, there was judicial summons saying that there
is an unlawful detainer action was filed.
o Co-owners are all affected
What if one only received?
o Still affected. Notice to one is notice to all.
A and B are co-possessors of 5 parcels of land in Good
faith but with no title since 2005. They partitioned the
property in 2010. Definite portion until today. In 2017,
X claims ownership of portion allotted to A, saying A
has no title. Is Xs argument correct that you could be
ousted because you have no right to possess lot
allotted to you?
o A acquired lot through acquisitive
prescription
o Continuous possession
o In Good Faith 12 years
o UNLESS X claims a better title
Will Good Faith or Bad Faith affect the rights and
obligations of possessors?
o Yes
Rights of possessor affected of his Good Faith and Bad
Faith with respect to fruits and benefits
Art. 544 Rights of a possessor in Good Faith to fruits
which are already received or harvested. What is the
right of possessor in Good Faith over fruits received
when Good Faith was legally interrupted?
o (HIZON NOTES)
When are fruits considered received?
o Natural & Industrial fruits upon gathering
o Civil fruits daily accrue
When is there legal interruption
o Possession in Good Faith becomes aware
o Converted into Bad Faith
FRUITS BEFORE LEGAL FRUITS AFTER LEGAL
INTERRUPTION INTERRUPTION
Possessor in Good Faith Lawful Possessor or
Owner
Is possession in Good Faith legal interruption
now in Bad Faith, entitled to possession of property?
o Yes
Possession in concept of owner for 30 years in Bad
Faith
o Possession, not ownership
o If reached 30 years, you can acquire
ownership
Possession of land since 2010, in good faith. Received
rentals over land from 2010-2015. 2015-2017, still
receiving rentals. In 2017, received summons action
filed against you for recovery of land. Who is entitled
to rents of 2010-2017?
o 2010-2015 - Possessor
o 2016-2017 - Lawful Owner
o If he was not declares as legal possessor,
rents would still be given to her
o Rentals civil fruits (accrues daily)
What if the fruits are not yet gathered/still pending
and there is legal interruption. To whom fruits belong?
Possessor in Good Faith or Lawful Possessor?
o BOTH
o Divided proportionately
- Expenses
- Profit
You possess in Good Faith a parcel of land. You
received summons for ejectment. When received, you
have palay 3 month pending. On 3rd month, you
received the summons. Harvested after 2 months from
receipt of summons. How will be the sharing?
o Art. 545
o NET HARVEST COMPUTATION
If possessor is in Bad Faith, will you apply sharing in
Art. 545?
o NO
o Art. 545: pertains to Possessor in Good
Faith Bad Faith
o NOT Bad Faith from the beginning
o Apply Art. 449
- He will lose everything
- Also applies with respect to
possession
Art. 545. Option?
1. Net harvest sharing
2. Lawful possessor allow possessor in Good Faith
Bad Faith to continue with the possession so
that he will finish cultivation
Who will get the fruits?
- Possessor in Good Faith
Lawful Owner
- Wants to be exempted from
expenses
What if she wants sharing?
- (NOTES)
Who has better right with option to take?
- Lawful Owner
Are all possessors entitled to reimbursement of
necessary expenses (Art. 546)?
o Yes
o Even possessor in Bad Faith
o Possessor in Good Faith entitled to right of
retention
Useful expenses or improvement?
o Added room; fence, etc.
Who is entitled to reimbursement of Useful Expenses?
o Only possessor in Good Faith
Right of retention
o Possessor in Good Faith
What would be the amount of reimbursement of
Possessor in Good Faith to Lawful Possessor?
o Amount spent or the increase in value of
the property
o Proper only when lawful possessor
appropriates the improvement
What is Necessary Expenses?
 o (HIZON NOTES) o No right to retention

May the possessor in Good Faith remove the Useful If lawful owner decides to appropriate luxurious
Improvement? improvement, can he do that?

o Yes Yes
o As long as there is no substantial injury
Who has priority of right?

Lawful owner

Can possessor who introduced luxurious improvement

EXPENSES demand for improvement?

What are Necessary Expenses? o He is entitled to reimbursement

o Amount spent/value of luxurious
o Refunded to possessor in good faith and
improvement
bad faith
o Necessity for the repairs, cultivation What if possessor in Bad Faith?
and preservation

What are Useful Expenses?

You have placed TV on property. What kind of
o Refunded only to the possessor in good expense?
faith
o Luxurious expense
o Those for the improvement and greater
o Unless business is surveillance
utility
o Examples: additional rooms in the
house You have placed TV inside house. Possessor in GF was
o Those for the satisfaction of spiritual or later on ousted. There is a lawful possessor. The
religious yearnings amount of TV is 150k. 2 years after, when the
o Chapel possessor in GF was ousted and the lawful possessor
o Fence, irrigation system took over the property, the value of the TV is 75k.

How much are you going to demand from the Lawful

Rights on Useful Expense on fences constructed. What Owner?
id possessor in Good Faith wanted to remove property.
Lawful possessor does not want to appropriate Possessor in GF 150k

Lawful possessor has priority of right Possessor in BF 75K

Can lawful possessor appropriate it? Possessor places a sculpture made by Professor Orlina
inside the house. The value of it is 1M. The possessor is
o Yes in GF. Later on, someone declared to be the lawful
o Provided he pays possessor.
o Refund/reimburse
How much would that lawful possessor refund the
possessor in GF?
Possessor in Bad Faith Useful Improvements?
1M
No right at all
What if possessor is in BF?
Lawful owner Luxurious expenses
o 2M. As provided by law. (?)
Good Faith and Bad faith o Amount spent should be paid by the
o No right to refund lawful possessor
 Is this conclusive or disputanle?

Luxurious improvements that appreciates in value? o Disputable

Apply rule: Pay the amount spent Relevance of Presumption?

Prescription

Alluvial deposits improvements. Who will be

entitled: Possessor in GF or Lawful Possessor?

o Lawful possessor
o One who succeeded in the possession
MODES OF LOSING POSSESSION
If the thing possessed is lost, what is the liability of 1. Abandonment
possessor? 2. Assignment
3. Possession of a thing by another
GF not liable
ABANDONMENT
EXCEPTION:
o Does not apply to land
1. When he acted fraudulently
- If there is no private owner of
2. When he is negligent
land, the State owns it
o Apply only to personal property
To whom will he be liable? o Voluntary renunciation of a property
o Abandoning possession de facto and
To the owner or lawful possessor
possession de jure
Possessor in BF?

Liable in everything REQUISITES

Possessor introduced improvements when Lawful 1. Possession must be in the concept of an

Owner would possess the property. Improvements owner
were destroyed when Lawful Owner would occupy 2. Capacity of possessor to abandon or
property. Is Lawful Owner required to refund alienate
possessor in GF? 3. Physical renunciation of the thing
4. Loss of spes recuperandi and animus
o No revertandi
o Art. 553

There is no owner. Can it be acquired by another?

Necessary expenses incurred for the maintenance of
improvements which no longer exists. Would owner o Yes
be still liable? o Thru occupation

o Yes
o Necessary expenses, every possessor is ASSIGNMENT
entitled
o Voluntary act
o Not considered as improvement
o Transfer of possession to another by
lawful means
Art. 554 Presumption? o Made to another by:
1. Onerous
o Continuous Possession 2. Gratuitous
 Abandonment always gratuitous
POSSESSION OF A THING BY ANOTHER
o There is dispossession
o Acquisitive prescription
(birth of a right, loss of a right)
What is lost? Possession de facto or de jure?
Both
When is there possession de facto lost?
1. When there is dispossession
2. When dispossession lasted for more than 1
year but not less than 10 years
With respect to the thing itself, when thing is lost,
destroyed
o Art. 555
o Applies to real and personal property
EXCEPTION
o Par. 4
o Applies to land
How is possession of movables lost?
1. When possessor loses juridical control over
movables because he has no idea where the
property is, or if known, it cannot be
recovered or;
2. Movable has come into possession of
another
You purchased a parcel of land. Unregistered land
from Ms. Peralta. There is a Deed of Sale. The one in
actual possession of land is Ms. Dalanon who is in
possession of property for 15 years. Because of that
Deed of Sale, did Ms. Dalanon lose possession or
ownership of the land?
o As for Ms Dalanon, she has acquired the
property by prescription for 15 years
(occupant)
o As for you: registered Deed of Sale,
owner and possessor especially with
respect to third persons (has title)
As to preference of possession, who would be
preferred?
o Art. 557
o Those with title
You are an owner of a parcel of land which you leased
to Ms. Ascotia. You have prohibition on sub-leasing.
Ms. Ascotia sub-leased the land to X. Are you required
to recognize the sublease?
o Art. 558
o UNLESS you ratify it
You purchased a cellular phone form X, in good faith. It
turned out that the phone was stolen. You are now in
possession of that phone. With respect to that, is your
possession equivalent to a title?
o No
o Not acquired in good faith
When will it be equivalent to a title?
o Mere good faith is not enough
o It must be shown that former owner,
that owner was not deprived (?)
o Must be shown that there was a valid
transfer of title
o Owner may recover
o You can be charged with the Anti-
Fencing Law
o Malum prohibitum
o Good faith is not a defense
Art. 559 Does it create presumption of title?
o No
o equivalent to title
- Grants an actual right as long as you
comply with requisite:
1. Good faith
2. Lawful owner is not deprived
What is principle of irrevindicability?
 (See Hizon Notes)

What if property is recovered from a public auction?

Owner shall pay

When do we consider lost possession of domesticated

animals?

Art. 560

You purchased a car in Sept. 11, 2013. The car got

carnapped. You were able to recover it in 2014. Who
possessed the car from 2013-July 2014?

o Art. 561/Art. 537

o Possession unjustly lost shall ---
o Possession acquired thru force,
intimidation, stealth, does not affect
possession

Relevance?

Prescription

What if in January 2014, someone used the car in

committing a crime. Will Art. 561 still apply?

o No
o Does not Redound to the benefit of the
owner
o Must be proved that you no longer
possess the property