Beruflich Dokumente
Kultur Dokumente
I. PROPERTY (ART.414-426)
Art. 414 - All things which are or may be the object of
appropriation are considered either:
CLASSIFICATION OF THINGS:
CLASSIFICATION OF PROPERTY:
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REQUISITES/CHARACTERISTICS:
1. Land, buildings, roads and constructions of all kinds adhered to the soil;
2. Trees, plants, growing fruits, while they are attached to the land or
form an integral part of an immovable;
3. Everything attached to an immovable in a fixed manner in such a way that
it cannot be separated therefrom without breaking the material or
deterioration of the object;
4. Statues, reliefs, paintings or other objects for use of ornamentation,
placed in buildings or on lands by the owner of the immovable in such
a manner that it reveals the intention to attach them permanently to the
tenements;
5. Machinery, receptacles, instruments or implements, intended by the owner
of the tenement for an industry or works, which may be carried on in a
building or on a piece of land, and which tend directly to meet the needs
of the said industry or works;
6. Animal houses, pigeon houses, beehives, fishponds or breeding places of
similar nature, in case their owner has placed them or preserves them
with the intention to have them permanently attached to the land and
forming a permanent part of it; the animals in these places are included;
7. Fertilizer actually used on a piece of land;
8. Mines, quarries and slag dumps, while the matter thereof forms part of
the bed, and waters either running or stagnant;
9. Docks and structures which, though floating, are intended by their nature
and object to remain at a fixed place on the river, lake or coast;
10. Contracts for public works, and servitudes and other real rights over
immovable property.
1. Immovables by Nature
- are those which cannot be moved from place to place.
- such as: those mentioned in par. 1, with respect to land and
roads, and par.8 in Art. 415 of the NCC.
2. Immovables by Incorporation
- are those which are attached to an immovable in such a manner
as to form an integral part thereof.
- such as: those mentioned in par. 1 (except land and roads),
par.2,3, and 4 of Art. 415.
3. Immovables by Destination
- are those which are placed in an immovable for the use,
exploitation, or perfection of such immovable.
- such as: those mentioned in par. 4,5,6,7, and 9 of Art. 415.
4. Immovables by Analogy
- are those which are considered immovables by operation of law.
- such as: those mentioned in par. 10 of Art. 415.
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NOTES ON IMMOVABLES: Credits to Jurado!
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CLASSIFICATION OF MOVABLES:
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II. OWNERSHIP (ART.427-439)
KINDS OF OWNERSHIP:
Art. 428 - The owner has the right to enjoy and dispose of a
thing, without other limitations than those
established by law.
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CHARACTERISTICS OF OWNERSHIP:
LIMITATIONS ON OWNERSHIP:
1. General limitations
2. Limitations imposed by the owner himself.
3. Specific limitations imposed by law.
4. Inherent limitations arising from conflict with other
rights.
5. Limitations imposed by the party transmitting the property
either by contract or by will.
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PRINCIPLE OF SELF HELP/DOCTRINE OF SELF HELP:
1. Personal Property:
a. Replevin
- a remedy for the recovery of personal property
which is governed by Rule 60 of the Rules of
Court.
2. Real Property:
a. Accion Interdictal
- a summary action to recover physical or material possession
of property.
- it must be brought in the proper MTC within 1 year from
the time the cause of action arises
b. Accion Publiciana
- an ordinary civil proceeding to recover the better right
of possession of property and is resorted to when the
dispossession has lasted for more than 1 year.
- issue involved is not possession de facto but possession
de jure of realty independent of the title.
- must be brought in the proper RTC within a period of 10
years from the time the cause of action arises.
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♥ Accion publiciana is intended for the recovery of the better
right to possess, and it is a plenary action in an ordinary
civil proceeding.
♥ Prescriptive period: It prescribes in 10 years, otherwise
the real right of possession is lost.
♥ 2 kinds of Accion Publiciana: (1) The entry was obtained
through F.I.S.T.S.; (2) Where the 1 year period for bringing
forcible entry or unlawful detainer has expired.
♥ Issue: Better right or possession
c. Accion Reivindicatoria
- an action to recover real property based on ownership.
The object is the recovery of dominion over the property
as owner.
- prescribes 10 years from the onset of the cause of action.
Forcible Entry
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UNLAWFUL DETAINER
4. 1 year period:
- upon the expiration of lease
- upon demand to vacate
SURFACE RIGHTS
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Limitations:
1. Horizontally - extends up to the boundaries
2. Vertically - extends below the surface and above it to the
extent required by the economic interest or
utility to the owner, in relation to the
exploitation that may be made of the property.
3. Airspace - the owner cannot complain of the reasonable
requirements of aerial navigation.
HIDDEN TREASURE
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If a finder is a paid laborer and he finds the treasure in
a property by chance, he gets half. If he had been employed
precisely to look for the treasure, he will get nothing
insofar as the treasure is concerned.
If the finder or owner is married, the share of the hidden
treasure which the law awards to the finder or the proprietor
belongs to the conjugal partnership.
If the treasure is found under government property, half goes
to the finder, and half to the state.
A treasure hunt is an express search for hidden treasure.
Should discovery be made, the actual finders will not
necessarily be entitled to half. Instead, they will be given
what was stipulated in the contract.
If a precious object is deliberately hidden by the owner,
it cannot be considered as a hidden treasure even if
discovered by another as long as the true owner can prove
his ownership.
If the ownership of the treasure is unknown, but the owner
is already dead, same will not be considered “hidden treasure”,
and must therefore go to the owner’s rightful heirs. If the
only legal heir left is the state, the treasure will appertain
to the State’s patrimonial property.
Notes on Ownership:
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III. RIGHT OF ACCESSION (ART. 440-475)
CLASSIFICATION OF ACCESSION:
Notes on Accession:
Accession is not a mode of acquiring ownership because
accession presupposes a previously existing ownership by the
owner over the principal
One who owns a thing should justly enjoy its fruits.
The right to accession is automatic (ipso jure), requiring
no prior act on the part of the owner of the principal.
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RIGHT OF ACCESSION: WITH RESPECT TO WHAT IS PRODUCED BY THE PROPERTY
Art. 442:
Art. 443 - He who receives the fruits has the obligation to pay
the expenses made by a third person in their production,
gathering, and preservation.
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Art. 444 - Only such as are manifested or born are considered
as natural or industrial fruits.
As to crops:
Annual crops are deemed manifest (existing) the moment their
seedlings appear from the ground, although the grains have
not yet actually appeared.
Perennial crops are deemed to exist only when they appear
on trees.
As to animals:
The young of animals are already considered exisitng even
if still in the maternal womb.
* doubt may arise whether they are already in the womb or
not, Manresa suggests that they should be considered
existing at the commencement of the maximum ordinary
period of gestation.
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What is meant by good faith and bad faith in accession?
(From Jurado)
As applied to a builder, planter or sower:
Good faith consists in ignorance of the ownership of another,
while bad faith consists in the knowledge of such ownership.
There is good faith if he is not aware that there is a flaw
or defect in his title or mode of acquisition which
invalidates it.
There is bad faith if he is aware of such flaw or defect.
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Bad Faith Bad Faith Good Faith
- Acquire improvements - Right of retention for - Collect value of
after indemnity to B, P, S; Necessary expenses materials primarily form
- subsidiarily liable to - Pay value of materials to B, P, S; subsidiarily from
owner of materials: owner of materials and LO
pay him damages (546,447) - Collect damages
a. Sell to B, P - If B, P, S acquires
except: if the value is improvements, remove
Considerably more materials in any
event (447, 455)
b. Rent to S
(453, 448, 546, 548, 455)
Good Faith Bad Faith Good Faith
Option to: - Recover necessary - Collect value of
- Acquire w/o paying expenses (452,443) materials and damages from
indemnity and collect - Lose improvements B, P, S and subsidiarily
damages w/o right of retention from from LO
- Sell to B, P and rent to LO (452) unless LO sells the - Remove materials in any
S and collect damages land event if B, P, S acquires
- Demolish or restore and improvements
collect damages
- Pay necessary expenses to
B, P, S
- Subsidiarily liable to
owner of materials
(449, 450, 451)
Bad Faith Good Faith Bad Faith
- Acquire improvements & - Indemnity for damages - No indemnity;
pay indemnity & damages to - Remove improvements in - lose materials (449)
B,P,S (454,447) any event(454,447)
Requisites of Alluvium/Accretion:
The deposit or accumulation of soil or sediment must be
gradual and imperceptible.
The accretion must result from the effects or action of the
current of the water.
That the land where accretion takes place is adjacent to the
bank of the river.
The river must continue to exist.
The increase must be comparatively little.
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Alluvium is granted to the Riparian Owner:
1. To compensate him for the loss he may have suffered due to
erosion or the destructive force of water and danger from
floods;
2. To compensate him because the property is subject to
encumberances and legal easements;
3. The interest of agriculture require that the soil be given
to the person who is in the best position to cultivate the
same;
4. Since identification of previous owner of the soil is
impossible, it may just as well be logically given to him
who can best utilize the property.
ALLUVIUM AVULSION
1. Accretion is gradual 1. Accretion is sudden and
2. Accretion cannot be abrupt.
identified. 2. Accretion can be identified.
3. There is merely an 3. There is first a detachment
attachment. followed by attachment.
4. Accretion belongs to the 4. The ownership is retained by
owner of the land to which the the owner of the land from which
attachment is made ipso jure. it is detached.
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Requisites for Art. 461 (Change of River Bed) to apply:
1. The change must be sudden that the old river may be identified.
2. The changing of the course must be more or less permanent,
an not temporary over flooding of another’s land.
3. The change of the river must be a natural one.
4. There must be a definite abandonment by the government. If
the government takes steps to bring the river to its old bed,
461 will not apply.
5. The river must continue to exist.
Art. 463: When the current of a river divides itself into branches,
leaving a piece of land or part thereof isolated, the owner of
the land retains his ownership. He also retains it if a portion
of land is separated from the estate by the current.
Art. 464: Islands which may be formed on the seas within the
jurisdiction of the Philippines, on lakes, and on navigable or
floatable rivers, belong to the State.
18
Please note . . .
Navigable or floatable river - if useful for floatage and
commerce, whether the tides affect the water or not should
benefit the trade and commerce.
Non-navigable (opposite of Navigable/Floatable)
3 Types of Accession:
1. Adjunction
2. Mixture
3. Specification
Kinds of Adjunction:
1. Inclusio or engraftment
2. Soldadura or attachment
3. Tejido or weaving
4. Pintura or painting
5. Escritura or writing
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3. When the owner of the principal had acted in bad faith:
♥ If the one who has acted in bad faith is the owner of the
principal thing, the owner of the accessory thing shall have
the right to choose between the former paying him its value
or that the thing belonging to him be separated, even through
for this purpose it be necessary to destroy the principal
thing; and in both cases, furthermore, there shall be
indemnity for damages. (Art. 470)
20
Q: If two or more things belonging to different owners are mixed,
to whom shall the mixture belong?
2 kinds of mixture:
1. Commixtion - solids
2. Confusion - liquids
21
However, the owner of the material cannot appropriate the
work in case the value of the latter, for artistic or
scientific reasons, is considerably more than that of the
material. (Art. 474)
Rules in Specification:
If the WORKER is in good faith, he appropriates the new thing
but he must indemnify for the materials; except if the
materials is much more precious than the new thing or is more
valuable, the owner of the material has an option to get the
new thing but pays for the work, or to demand indemnity for
the material.
If the WORKER is in bad faith, the owner of the material has
an option. He can appropriate the work without paying for
the labor or he can demand indemnity for the material plus
damages; except when the value of the resultant work is more
valuable for artistic or scientific reasons.
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IV. QUIETING OF TITLE (ART. 476-481)
Cloud - “doubt”
Kinds of Action:
1. Remedial - action to remove the cloud or quiet the title.
(Art. 476, par.1)
2. Preventive - action to prevent a future cloud or doubt -
“actio quia timet”.
Art. 477 - The plaintiff must have legal or equitable title to,
or interest in the real property which is the subject matter
of the action. He need not be in possession of said property.
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Q: When may an action be brought to remove the cloud or to quiet
the title to real property or any interest therein?
Art. 481 - the procedure for the quieting of title or the removal
of the cloud therefrom shall be governed by such rules of court
as the Supreme Court shall promulgate.
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V. CO-OWNERSHIP (ART. 484-501)
Art. 484 - There is co-ownership whenever the ownership of an
undivided thing or right belongs to different persons.
Requisites of Co-ownership:
1. Plurality of subjects
2. Unity of object (material indivision)
3. Recognition of the ideal or intellectual shares of the
co-owners which determine their rights and obligations.
CO-OWNERSHIP PARTNERSHIP
As to creation: - created by law, - always created by
contract, succession, contract.
fortuitous event, or
occupancy.
As to purpose: - the common enjoyment of - to obtain profits.
a thing or the right
owned in common
As to personality: - has no juridical - has juridical
personality which is personality.
separate and distinct
As to duration: - agreement for it to - no limitation upon the
exist for 10 years is duration
valid
As to power of members: - a co-owner has no power - a partner has the power
to represent the to represent the
co-ownership unless partnership unless
there is an agreement there is a stipulation to
the contrary
As to effect of - if a co-owner transfers - if a partner transfers
disposition of shares: his share to a third his share to a third
person, the latter person, the latter does
automatically becomes a not become a partner,
co-owner unless agreed upon by all
the partners
As to division of - the divisions of the - in a partnership the
profits: benefits and charges are division of profits and
fixed by law losses may be subject to
the agreement of the
partners
As to effect of death: - the death of a co-owner - the death of a partner
has no effect upon the shall result in the
existence of the dissolution of the
co-ownership partnership
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Kinds of Co-ownership:
a. From the viewpoint of the subject matter:
1. Co-ownership of an undivided thing
2. Co-ownership of an undivided right
Characteristics of Co-ownership:
1. There must be ore than one subject or owner.
2. There is one physical whole divided into ideal shares.
3. Each idea share is definite in amount, but is not physically
segregated from the rest.
4. Regarding the physical whole, each co-owner must respect each
other in the common use, enjoyment or preservation of the
physical whole.
5. Regarding the idel share, each co-owner holds almost absolute
control over the same.
6. It is not a juridical person.
7. A co-owner is in a sense a co-trustee for the other co-owners.
Thus, he may not ordinarily acquire exclusive ownership of the
property held in common through prescription.
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Q: How do you determine the share of the co-owners in the benefits
and charges arising from the co-ownership?
Requirements of Renouncement:
1. If the renouncing is in favor of the creditor, said creditor
must give his consent.
2. If the renouncing is in favor of the other co-owners, a
novation (substitution of debtor) would result which would
necessitate the consent of the other co-owner and the creditor.
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Art. 489 - Repairs for preservation may be made at the wil of
one of the co-owners, but he must, if practicable, first notify
his co-owners of the necessity for such repairs. Expenses to
improve or embellish the thing shall be decided upon by a majority
as determined in Article 492.
1. The main and party walls, the roof and other things used in
common, shall be preserved at the expense of all owners in
proportion to the value of the story belonging to each;
2. Each owner shall bear the cost of maintaining the floor of
his story; the floor of the entrance, front door, common yard
and sanitary works common to all, shall be maintained at the
expenses of all the owners pro rata;
3. The stairs from the entrance to the first story shall be
maintained at the expense of all the owners pro rata, with
the exception of the owner of the ground floor; the stairs
from the first to the second story shall be preserved at the
expense of all, except the owner of the ground floor and the
owner of the first story; and so on successively.
Rules to remember:
a. Proportionate contribution is required for the preservation
of: the main walls; the party walls; the roof; the other things
used in common.
b. Each floor owner must bear the expense of his floor.
c. Stairs are to be maintained from story to story, by the users.
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CONDOMINIUM ACT Q&A FFROM JURADO.
29
Q: Under the Condominium Law, when can the owner of a unit demand
for the partition by sale of the condominium project?
30
Acts of Administration - are those which refer to the enjoyment,
exploitation and alteration of the thing which do not affect
its substance or form. This act is transitory in character and
does not affect the substance or form of the thing. In relation
to a right of a co-owner, this act requires the consent or
resolution of the majority of the co-owners.
Such as:
1. Sale, donation, mortgage of the whole or part (with definite
boundaries) of the property;
2. A voluntary easement;
3. Lease of real property if the lease is recorded or the lease
is for more than one year.
4. The construction of a house and lot owned in common;
5. Any other act of strict dominion or ownership;
6. Impliedly, contracts of long duration
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Q: R, S, and T are co-owners of a 10-hectare agricultural land
in Quezon City. R is the administrator. S and T are in Spain.
May R convert the land to a memorial park without the knowledge
and consent of S and T? Explain.
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Q: How do you determine the majority of the co-owners? What is
the effect if a co-owner desires to make an improvement on the
property, but he cannot secure the consent of the majority?
Art. 493 - Each co-owner shall the full ownership of his part
and the fruits and benefits pertaining thereto, and he may
therefore alienate, assign or mortgage it, and even substitute
another person in its enjoyment, except when personal rights
are involved. But the effect of the alienation or the mortgage,
with respect to the co-owners, shall be limited to the portion
which may be allotted to him in the division upon the termination
of the co-ownership.
1. Each co-owner has full ownership of his part, and of his share
of the fruits and benefits.
2. And therefore, he may alienate, assign, or mortgage his (ideal)
share (not one wit boundaries).
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Art. 494 - No co-owner shall be obliged to remain in the
co-ownership. Each co-owner may demand at any time the partition
of the thing owned in common, insofar as his share is concerned.
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Art. 495 - Notwithstanding the provisions of the preceding
article, the co-owners cannot demand physical division of the
thing owned in common, when to do so would render it unserviceable
for the use for which it is intended. But the co-ownership may
be terminated in accordance with Article 498.
2. Judicial
From the viewpoint of permanence: 1. Provisional or temporary
2. Permanent
From the viewpoint of subject 1. Partition of real property
matter:
2. Partition of personal property
From the viewpoint of forms and 1. Partition in a judicial decree
solemnities:
2. Partition duly registered in
the Registry of Property
3. Partition in a public
instrument
4. Partition in a private
instrument
5. Oral partition
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Art. 499 - The partition of a thing owned in common shall not
prejudice third persons, who shall retain the rights of
mortgage , servitude, or any other real rights belonging to them
before the division was made. Personal rights pertaining to
third persons against the co-ownership shall also remain in
force, notwithstanding the partition.
Effects of Partition:
1. Mutual accounting benefits received (A.500)
2. Mutual reimbursement for expenses (A.500)
3. Indemnity for damages in case of negligence or fraud. (A.500)
4. Reciprocal warranty for defects of title and quality (A.501)
5. Each former co-owner is deemed to have had exclusive
possession of the part allotted to him for the entire period
during which the co-possession lasted. (A.543)
6. Partition confers upon each, the exclusive title over his
respective share. (A.1091)
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