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THINGS TO MEMORIZE FOR PROPERTY

PROVISIONS thereof. For this purpose, he may use such force as may be
reasonably necessary to repel or prevent an actual or
Art. 415. The following are immovable property: threatened unlawful physical invasion or usurpation of his
1. Land, buildings, roads and constructions of all property.
kinds adhered to the soil;
2. Trees, plants, and growing fruits, while they are Art. 438. Hidden treasure belongs to the owner of the land,
attached to the land or form an integral part of an building, or other property on which it is found.
immovable; Nevertheless, when the discovery is made on the
3. Everything attached to an immovable in a fixed property of another, or of the State or any of its subdivisions,
manner, in such a way that it cannot be separated and by chance, one-half thereof shall be allowed to the finder.
therefrom without breaking the material or If the finder is a trespasser, he shall not be entitled to any
deterioration of the object; share of the treasure.
4. Statues, reliefs, paintings or other objects for use If the things found be of interest to science or the
or ornamentation, placed in buildings or on lands arts, the State may acquire them at their just price, which
by the owner of the immovable in such a manner shall be divided in conformity with the rule stated.
that it reveals the intention to attach them
permanently to the tenements; Art. 439. By treasure is understood, for legal purposes, any
5. Machinery, receptacles, instruments or implements hidden and unknown deposit of money, jewelry, or other
intended by the owner of the tenement for an precious objects, the lawful ownership of which does not
industry or works which may be carried on in a appear.
building or on a piece of land, and which tend
directly to meet the needs of the said industry or Art. 484. There is co-ownership whenever the ownership of
works; an undivided thing or right belongs to different persons.
6. Animal houses, pigeon-houses, beehives, fish In default of contracts, or of special provisions, co-
ponds or breeding places of similar nature, in case ownership shall be governed by the provisions of this Title.
their owner has placed them or preserves them
with the intention to have them permanently Art. 523. Possession is the holding of a thing or the
attached to the land, and forming a permanent part enjoyment of a right.
of it; the animals in these places are included;
7. Fertilizer actually used on a piece of land; Art. 526. He is deemed a possessor in good faith who is not
8. Mines, quarries, and slag dumps, while the matter aware that there exists in his title or mode of acquisition any
thereof forms part of the bed, and waters either flaw which invalidates it.
running or stagnant; He is deemed a possessor in bad faith who
9. Docks and structures which, though floating, are possesses in any case contrary to the foregoing.
intended by their nature and object to remain at a Mistake upon a doubtful or difficult question of law
fixed place on a river, lake, or coast; may be the basis of good faith.
10. Contracts for public works, and servitudes and
other real rights over immovable property. (334a) Art. 562. Usufruct gives a right to enjoy the property of
another with the obligation of preserving its form and sub-
Art. 416. The following things are deemed to be personal stance, unless the title constituting it or the law otherwise
property: provides.
1. Those movables susceptible of appropriation
which are not included in the preceding article; Art. 613. An easement or servitude is an encumbrance
2. Real property which by any special provision of law imposed upon an immovable for the benefit of another
is considered as personalty; immovable belonging to a different owner.
3. Forces of nature which are brought under control The immovable in favor of which the easement is
by science; and established is called the dominant estate, that which is
4. In general, all things which can be transported subject thereto, the servient estate.
from place to place without impairment of the real
property to which they are fixed. Art. 725. Donation is an act of liberality whereby a person
disposes gratuitously of a thing or right in favor of another,
Art. 417. The following are also considered as personal who accepts it.
property:
1. Obligations and actions which have for their object Art. 748. The donation of a movable may be made orally or in
movables or demandable sums; and writing.
2. Shares of stock of agricultural, commercial and An oral donation requires the simultaneous delivery of the
industrial entities, although they may have real thing or of the document representing the right donated.If the
estate. value of the personal property donated exceeds five
thousand pesos, the donation and acceptance shall be made
Art. 429. The owner or lawful possessor of a thing has the in writing. Otherwise, the donation shall be void.
right to exclude any person from the enjoyment and disposal
THINGS TO MEMORIZE FOR PROPERTY
Art. 749. In order that the donation of an immovable may be 7 types of legal easements relating to water
valid, it must be made in a public document, specifying 1. Natural drainage of lands
therein the property donated and the value of the charges 2. Natural drainage of buildings
which the donee must satisfy. 3. Easement on riparian banks for navigation,
The acceptance may be made in the same deed of floatage, fishing and
donation or in a separate public document, but it shall not 1. salvage
take effect unless it is done during the lifetime of the donor. 4. Easement of a dam
If the acceptance is made in a separate instrument, 5. Easement for drawing water or for watering
the donor shall be notified thereof in an authentic form, and animals
this step shall be noted in both instruments. 6. Easement of aqueduct
7. Easement for the construction of a stop luck or
sluice
AFTER MIDTERMS
12 Lasallian Virtues 7 modes of acquiring ownership
1. Gravity 1. Occupation
2. Silence 2. Law
3. Humility 3. Donation
4. Prudence 4. Tradition
5. Wisdom 5. Intellectual Creation
6. Patience 6. Prescription
7. Reserve 7. Succession
8. Gentleness
9. Zeal Essential Characteristic of True Donations (Inter Vivos)
10. Vigilance 1. Consent, subject matter, cause (as in other
11. Piety contracts)
12. Generosity 2. The necessary from (including delivery in some
cases)
8 kinds of legal easements 3. Consent or acceptance by done during donor’s
1. easements relating to waters lifetime
2. right of way 4. Irrevocability (except for legal cause)
3. light and view 5. Intent to benefit the donee (animus donandi) –
4. party wall “liberality” being emphasized more than
5. drainage of a building “gratuitousness”
6. intermediate distances 6. Resultant decrease in the assets or patrimony of
7. easement against nuisance the donor
8. lateral and subjacent support
Kinds of Nuisances
4 Requisites for compulsory easements/right of way 1. Nuisance per se – all the time
1. The property is surrounded by estate of others and 2. Nuisance per accidens – situational, nuisance
there is no adequate outlet to a public highway because of location and circumstances
2. It must be established at the point least prejudicial
to the servient estate and insofar as consistent How easements are acquired:
with this rule, where the distance from the 1. Continuous and Apparent – Title and Prescription
dominant estate to a public highway may be the (10 years)
shortest 2. Discontinuous and Apparent – Title
3. There must be payment of the proper indemnity 3. Continuous and Non-apparent – Title
4. The isolation should not be due to the proprietor’s 4. Discontinuous and Non-apparent – Title
own acts
Prescription for Easements of Light and View
Requisites for the renunciation of the share in easement/party 1. Positive (through a party wall) – 10 years from
wall opening of window
1. Must be complete 2. Negative (through another’s wall – or by prohibiting
2. Must be made voluntarily and with full knowledge another person from constructing a wall in order for
of the facts light and view to pass through) – from positive act
3. Must be made before the expenses are incurred of prohibition/ Notarial Prohibition + 10 years
4. Made with the implied condition that the other
owner should make or pay for the repairs
5. Must be of both the share in the wall and share in
the land, for the wall cannot be used without the
land
THINGS TO MEMORIZE FOR PROPERTY
BEFORE MIDTERMS
INTER VIVOS MORTIS CAUSA

Takes effect during the lifetime Takes effect after the death of 7 rights of ownership
of the donor the donor 1. jus possidendi – right to possess
2. jus utendi – right to use
Must follow the formalities of Must follow the formalities of 3. jus fruendi – right to the fruits
donations wills or codicils (holographic or
4. jus abutendi – right to consume
notarial)
5. jus disponendi – right to dispose
Cannot be revoked except for Can be revoked at any time and 6. jus vindicandi – right to recover
grounds provided for by law for any reason while the donor is 7. jus accesionis – right to accessories
still alive
7 remedies for recovery
In case of impairment of the In case the legitime is impaired, 1. writ of replevin
legitimate, donations inter vivos donations mortis causa (since
2. accion interdictal
are preferred to donations they partake of the nature of, or
3. accion publiciana
mortis cause (priority in time is are really, legacies or advises)
priority in right) are reduced ahead of donation 4. accion reinvindicatoria
inter vivos 5. writ of preliminary mandatory injunction
6. writ of possession
The right of disposition is The right of disposition is not 7. writ of demolition
completely transferred to the transferred to the donee while
done (although certain the donor is still alive Accession discreta
reservations as to usufruct, for 1. natural fruits
ex, may be man made
2. industrial fruits
Acceptance by done must be Acceptance by done mortis 3. civil fruits
during lifetime of donor causa can only be done after the
donor ’sdeath; any prior Accession continua (for real prop)
acceptance is immaterial or void Accession industrial
1. building
2. planting
3 grounds for reduction of donation
3. sowing
1. B-A-R: birth, adoption and reappearance
2. Inofficious Donation
Accession natural
3. Insufficient property is left for support
1. alluvium
2. avulsion
4 grounds for revocation of donation
3. change of course of rivers
1. B-A-R: birth, adoption and reappearance
4. formation of islands
2. Inofficiousness
3. Ingratitude
Accession continua (for personal prop)
4. Non-fulfillment of condition (condition in the
1. adjunction or conjunction
ordinary sense)
2. mixture (confusion or commixture)
3. specification
Checklist for Donations
1. Cause
5 types of adjunction
a. Gratuitous
1. inclusion – engraftment
b. Onerous
2. soldadura – attachment
2. Inter vivos or Mortis Causa – essential
3. tejido – weaving
characteristic: Disponendi (capacity of done to
4. pintura – painting
dispose)
5. escritura – writing
3. Perfection – upon knowledge of donor of the
acceptance of the done
5 requisites of Alluvium
4. Capacity
1. Deposit should be gradual and imperceptible
a. to give (donor)
2. Cause must be the current of the river
b. to receive (donee)
3. Current must be that of the river
5. Forms
4. River must continue to exist
a. Personal Property – Art 748
5. Increase must be comparatively little and not seen
b. Real Property – Art 749
as would increase the area of the riparian owner
6. Reduction or Revocation
When prescription starts for Accion Interdictal
1. Unlawful detainer – from demand to vacate
2. Forcible Entry
a. Stealth/Strategy - knowledge or discovery
b. Force/Intimidation/Threat - moment it
ceases
THINGS TO MEMORIZE FOR PROPERTY
Preference of Possession: Classes of Possession
1. Present Possessor 1. in one’s own name or in that of another
2. (if both present) Longer Possession 2. in the concept of owner and in the concept of
3. (if started at the same time) Possession w title holder
4. Court 3. in good faith or bad faith

4 kinds of Constructive Possession Acquisition of Possession


1. Brevi Manu – possessor to owner 1. by material occupation
2. Longa Manu – delivery by long hand/ pointing 2. by subjection to our will
3. Constitutum Possesorium – owner to mere 3. by constructive possession or proper acts and
possessor legal formalities
4. Traditio Symbolica – delivery of symbols (keys)
Constructive possession
Difference between Alluvium and Avulsion 1. consitutum possessorium
2. traditio brevi manu
Alluvium Avulsion
3. traditio longa manu
The deposit of the soil is Sudden or abrupt process 4. traditio symbolica
gradual and imperceptible may be seen
4 Kinds of Immobilization
Soil cannot be identified S o i l i s i d e n t i fi a b l e o r 1. By Nature
verifiable 2. By Incorporation
3. By Destination
B e l o n g s t o o w n e r o f Belongs to owner from 4. By Analogy
property to which it is whose property is was
attached detached 4 Kinds of Ownership
1. Full Ownership
Degrees of Possession 2. Naked Ownership
1. mere holding or having, without any right 3. Sole Ownership
whatsoever 4. Co-ownership
2. possession with a juridical title, but not that of an
owner Warranties of Engineer/ Architect
3. possession with a just title, but not from the true 1. Plans and Specifications
owner 2. Ensure that there are no defects
4. possession with a title of dominium, that is, with a
just title from the owner Warranties of Contractor
1. Not to use inferior quality materials
Requisites for LO to be subsidiary liable 2. Not to violate the contract
1. Owner of Materials must be in GF
2. Builder/ Planter/ Sower must be insolvent Ruinous buildings prescription
3. Landowner must exercise Option 1 – buy bldg 15 YEARS – ensure no collapse
10 YEARS – prescription to bring action to court (after
Requisites for valid repudiation in order that prescription may collapse)
run against co-owners
1. the co-owner must clearly and equivocally Who must consent (in co-ownership)
repudiate or stat the he is renouncing his share or 1. Act of Preservation – 0
his being a co-owner (clear and unequivocal 2. Act of Administration – Financial Majority
revocation) 3. Act of Alteration – all (unanimous consent)
2. there must be notice to the other co-owners
(evidence must be made known to the co-owners)
3. the evidence must be clear and conclusive
4. all other requirements for acquisitive prescription
must be complied with, for example the lapse of
time

Requisites of Possession
1. there must be a holding or control of a thing or
right
2. there must be a deliberate intention to possess
3. the possession must be by virtue of one’s own
right