Beruflich Dokumente
Kultur Dokumente
Title I – PROPERTY
Requisites:
1. Utility
2. Individuality/Substantivity
3. Susceptibility of appropriation
Real Rights
Personal Rights
Immovable property
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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
4. By analogy/by law – contracts for public works, servitude & other real rights
over immovable property
Movable property
4. things w/c can be transported w/o impairment of real property where they are
fixed
Classification of Movables
2. non-consumable
1. Public dominion –
Characteristics:
a) outside the commerce of men – cannot be alienated or leased
2. Private Ownership –
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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
Title II – OWNERSHIP
Definitions of Ownership
Power of a person over a thing for purposes recognized by law & within the limits
established by law
Attributes:
2. immovable –
a) forcible entry – used by person deprived of possession through violence,
intimidation (physical possession, 1 year unlawful deprivation)
Elements:
a) Person exercising rights is owner or lawful possessor
Available only when possession has not yet been lost, if already lost – resort
to judicial process
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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
9. Right to surface & everything under it only as far as necessary for his practical
interest (benefit or enjoyment)
b) owner is unknown
Limitation on Ownership
1. general limitations for the benefit of the state (eminent domain, police power,
taxation)
5. inherent limitations arising from conflicts with other similar rights (contiguity of
property)
1. principle of justice
Obligation of owners:
a) Immovables – accretion
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Requisites:
a. deposit is gradual & imperceptible
2. Owner of adjoining land to old bed shall have right to acquire the
same by paying its value – value not to exceed the value of area
occupied by new bed
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2. Oblige the planter, builder to pay for price of land or rent, except when
value of lands is greater than thing built – convert to rent
3. Right of retention ceases when obliged to pay for value of and if he fails
to do so
4. Right to damages
2. Right to damages
2. When builder is in bad faith & owner in good faith & owner compel builder
to remove improvements, owner is not subsidiarily liable
3. When 3rd person is paid by builder, builder may demand from landowner
the value of labor & materials
b) Movables
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a. that to w/c the other intended to be united as ornament or for its use
of perfection
b. value
c. volume
Rights:
Rights:
Rights:
1. If both owners are in good faith – Each owner shall acquire a right
proportional to the part belonging to him (vis-a-vis the value of the
things mixed or confused)
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2. If one owner is in bad faith – he shall lose the thing belonging to him
plus indemnity for damages caused to owner of other thing mixed with
his thing
Reasons:
1. prevent litigation
3. real interest of both parties which requires that precise state of title be known
put end to vexatious litigation in respect to property involved; plaintiff asserts his
own estate & generally declares that defendant’s claim is w/o foundation
when proper:
1. contract has been extinguished or terminated
3. remove cloud
Requisites:
2. collapse resulting from total or partial damage; no repair made – owner; state
may compel him to demolish or make necessary work to prevent if from falling
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Co-ownership
Causes/Sources:
1. law
2. contracts
3. succession
e) partners cannot transfer rights w/o consent of other co-partners, not co-
ownership
Rights of co-owners
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6. Right to exempt himself from obligation of paying necessary expenses and taxes
by renouncing his share in the pro-indiviso interest; but can’t be made if
prejudicial to co-ownership
7. Right to make repairs for preservation of things can be made at will of one co-
owner; receive reimbursement therefrom; notice of necessity of such repairs
must be given to co-owners, if practicable
9. Right to alienate, assign or mortgage own part; except personal rights like right to
use and habitation
14. Right to share in proceeds of sale of thing if thing is indivisible and they cannot
agree that it be allotted to one of them
Duties/Liabilities
2. Pay necessary expenses and taxes – may be exercised by only one co-owner
7. Co-owners cannot ask for physical division if it would render thing unserviceable;
but can terminate co-ownership
9. Every co-owner liable for defects of title and quality of portion assigned to each of
the co-owner
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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
1. creditors of assignees may take part in division and object if being effected
without their concurrence, but cannot impugn unless there is fraud or made
notwithstanding their formal opposition
2. non-intervenors – retain rights of mortgage and servitude and other real rights
and personal rights belonging to them before partition was made
Ti t l e V: P O S S E S S I O N
How acquired:
1. physical
2. constructive –
tradicion brevi manu (one who possess a thing short of title of owner –
lease );
2. tradicion longa manu – pointing out to transferee the things which are
being transferred
c. proper acts and legal formalities established for acquiring rights – donation,
sale
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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
Degrees of possession:
Classes of ownership:
Effects:
b. intent to possess
a. representative has intention to acquire for another and not for himself
5. in good faith – not aware that there exist flaw in title or mode w/c invalidates it;
mistake upon doubtful question of law; always presumed;
2. one who succeeds by hereditary title shall not tack the bad faith of predecessors
in interest except when he is aware of flaws affecting title;
but effects of possession in good faith shall not benefit him except from date of death
of decedent.
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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
Minors/ Incapacitated
may acquire material possession but not right to possession; may only acquire them
through guardian or legal representatives
Acquisition
c. acts of violence
Rights of possessor:
2. Possession acquired and enjoyed in concept of owner can serve as title for
acquisitive prescription
3. Person in concept of owner has in his favor the legal presumption of just title
(prima facie)
7. Possessor in good faith entitled to part of net harvest and part of expenses of
cultivation if there are natural or industrial fruits ( proportionate to time of
possession );
owner has option to require possessor to finish cultivation and gathering of fruits and
give net proceeds as indemnity for his part of expenses;
Possessor in good faith has right of retention over thing unless necessary expenses
paid by owner
9. Possessor in good faith has right to be reimbursed for useful expenses with right
of retention;
owner has option of paying expenses or paying the increase in value of property
which thing acquired by reason of useful expenses
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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
10. Possessor in good faith may remove improvements if can be done w/o damage
to principal thing- unless owner exercises option of paying; possessor in bad
faith not entitled.
11. Possessor in good faith and bad faith may not be entitled to payment for
luxurious expense but may remove them provided principal is not injured –
provided owner does not refund the amount expended
12. Improvements caused by nature or time to inure to the benefit of person who has
succeeded in recovering possession
13. Wild animals possessed while in one’s control; domesticated – possessed if they
retain habit of returning back home
14. One who recovers, according to law, possession unjustly lost is deemed to have
enjoyed it w/o interruption
Liabilities/duties of Possessor
1. Return of fruits if in bad faith – fruits legitimate possessor could have received
3. Possessor in good faith not liable for loss or deterioration or loss except when
fraud and negligence intervened
4. Possessor in bad faith liable for loss or deterioration even if caused by fortuitous
event
5. Person who recovers possession not obliged to pay for improvements which
have ceased to exist at time of occupation
Loss of possession:
Not lost:
1. Even for time being he may not know their whereabouts, possession of movable
is not deemed lost
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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
Usufruct – right to enjoy another’s property with correlative duty of preserving its
form and substance
a. things – movable/immovable
Kinds:
1. legal - parents over children
3. mixed – prescription
4. total
5. partial
6. simultaneous
7. successive
8. pure
9. conditional
Rights of usufructuary:
4. Right not exempt from execution and can be sold at public auction by owner
5. Naked owner still have rights but w/o prejudice to usufructuary; may still exercise
act of ownership –bring action to preserve
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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
8. Right to enjoy accessions & servitudes in its favor & all benefits inherent therein
9. Right to make use of dead trunks of fruit bearing trees & shrubs or those
uprooted/cut by accident but obliged to plant anew
11. Right to leave dead, uprooted trees at the disposal of owner with right to demand
that owner should clear & remove them – if caused by calamity or extraordinary
event – impossible to replace them
12. Right to oblige owner to give authority & furnish him proofs if usufruct is
extended to recover real property or real right
14. Right to introduce useful & luxurious expenses but with no obligation of
reimbursement on part of owner; may remove improvement if can be done w/o
damage
15. Right to set-off improvements against damages he made against the property
17. Right to demand the increase in value of property if owner did not spend for
extraordinary repairs when urgent & necessary for preservation of thing
1. Alienate thing
4. Construct any works and make any improvement provided it does not diminish
value or usufruct or prejudice right of usufructuary
Obligations of usufructuary:
1. Pay expenses to 3rd persons for cultivation & production at beginning of usufruct;
whose who have right to fruits should reimburse expenses incurred
2. Generally, usufructuary has no liability when due to wear & tear, thing
deteriorates, obliged to return in that state; except when there is fraud or
negligence, then he shall be liable
b) Posting of security
1. not applicable to parents who are usufructuary of children except when
2nd marriage contracted
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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
7. Obliged to make ordinary repairs – wear & tear due to natural use of thing and
are indispensable for preservation; owner may make them at expense of
usufructuary – during existence of usufruct
13. Expenses, cost & liabilities in suits brought with regard to usufructuary – borne by
usufructuary
Obligations of owner
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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
Extinguishment of usufruct
usufruct cannot be constituted in favor of a town, Corp or assoc. for more than 50
years
both share in insurance if both pays premium; if only owner – then proceeds will
go to owner only
effect if bad use of the thing – owner may demand the delivery of and
administration of the thing with responsibility to deliver net fruits to usufructuary
at termination of usufruct:
thing to be delivered to owner with right of retention for taxes & extraordinary
expenses w/c should be reimbursed
2) Law
3) Donation
4) Tradition
5) Intellectual Property
6) Prescription
7) Succession
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OCCUPATION
1. There should be a corporeal thing (tangible) which must have a “corpus” (body) &
that thing should have no owner
kinds of animals:
a) wild – considered res nullius when not yet captured; when captured
& escaped – become res nullius again
b) domesticated animals – originally wild but have been captured & tamed;
now belong to their capturer; has habit of returning to premises of owner;
becomes res nullius if they lose that habit of returning & regain their
original state of freedom
abandoned movables
Animals:
a) Swarm of bees
- owner shall have right to pursue them to another’s land (owner to identify
latter for damages, if any)
- land owner shall occupy/retain the bees if after 2 days, owner did not
pursue the bees
- when they go to another breeding place, they shall be owned by the new
owner provided they are not enticed
Movables:
- consist of (1) money, precious objects & 2) hidden & owner is unknown
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- If owner does not appear 6 months after publication, thing found shall be
awarded to finder
PRESCRIPTION
mode by which one acquires ownership and other real rights thru lapse of time;
Kinds:
1. Acquisitive
2. Extinctive
b. STATE
4. juridical persons except the state with regards to property not patrimonial in
character
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8. between co-heirs/co-owners
a. private property
1. public domain
2. in transmissible rights
4. registered land
Renunciation of prescription:
persons with capacity to alienate may renounce prescription already obtained but
not the right to prescribe in the future
1. ordinary
2. extra-ordinary
2. just title
4. in concept of an owner
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3. in concept of an owner
GOOD FAITH
Reasonable belief that person who transferred thing is the owner & could validly
transmit ownership
JUST TITLE (TRUE & VALID) – must be proved & never presumed
a) Titulo Colorado -
b) Titulo putativo -
title must be one which would have been sufficient to transfer ownership if
grantor had been the owner
IN CONCEPT OF OWNER
possession not by mere tolerance of owner but adverse to that of the owner
INTERRUPTION
a) Natural
- through any cause, possession ceases for more than 1 year
b) civil
- produced by judicial summons;
- except
1. void for lack of legal solemnities
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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
c) possession in wartime
a. Present possessor may tack his possession to that of his grantor or predecessor
in interest
TACKING PERIOD
PRESCRIPTION OF ACTIONS
30 years
- action over immovables from time possession is lost
10 years
- mortgage action
- upon a judgement
8 years
- action to recover movables from time possession is lost
6 years
- upon an oral contract
- upon a quasi-contract
5 years
- actions where periods are not fixed by law
4 years
- upon injury to rights of plaintiff
- upon a quasi-delict
1 year
- for forcible entry & detainer
- for defamation
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5. probate of a will
6. quiet title
DONATION
Characteristics:
Requisites of Donation:
Requirements of a donation:
1. subject matter – anything of value; present property & not future, must not impair
legitime
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Acceptance
a) acceptance must be made personally or thru agent
movable:
1. Title remains with donor (full or naked ownership)& conveyed only upon death
1) pure/simple
2) remuneratory
3) conditional
4) onerous
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1. natural & juridical persons w/c are not especially disqualified by law
a) by themselves
- if pure & simple donation
3. conceived & unborn child, represented by person who would have been
guardian if already born
2. relatives of priest within 4th degree, church, order, community where priest
belongs
3. physician, nurse, etc. who took care of donor during his last illness
All or part of donor’s present property provided he reserves sufficient means for
the support of the ff:
a) himself
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DOUBLE DONATIONS:
REVOCATION OF DONATIONS
2. If child came out to be alive & not dead contrary to belief of donor
Action for revocation based on failure to comply with condition in case of conditional
donations
2. Donee imputes to donor any criminal offense or any cat involving moral turpitude
even if he should prove it unless act/crime has been committed against donee
himself, spouse or children under his parental authority
3. Donee unduly refuses to give support to donor when legally or morally bound to
give support to donor
Extent: portion which may Extent: whole portion but Extent: Whole portion
impair legitime of heirs court may rule partial returned
revocation only
Property must be returned Property in excess Property to be returned
Alienation/mortgages done
prior to recording in
Register of Deeds:
If already sold or cannot be Alienations/mortgages Prior ones are void;
returned – the value must imposed are void unless demand value of property
be returned registered with Register of when alienated and can’t be
If mortgaged – donor may Deeds recovered or redeemed
redeem the mortgage with from 3rd persons
right to recover from donee
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C I V I L L A W ( P R O P E R T Y ) MEMORY AID ATENEO BAR OPERATIONS 2001
1. personal to the donor; general rule is heir cannot institute if donor did not institute
a) donor has instituted proceedings but dies before bringing civil action for
revocation
b) donor already instituted civil action but died, heirs can substitute
c) donee killed donor or his ingratitude caused the death of the donor
3. can only make heirs of donee liable if complaint was already filed when donee
died
Inofficious donations:
5. if 2 or more donation at same time – treated equally & reduction is pro rata but
donor may impose preference which must be expressly stated in donation
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