Sie sind auf Seite 1von 30

BOOK II= PROPERTY, OWNERSHIP AND ITS MODIFICATIONS

PROPERTY = Considered as an object, is that which is, or may be appropraiated. Art. 414 = all things which are or may be the object of appropriation are considered either; 1. Immovable or real property or 2. Movable or personal property Reclassification and conversion =reclassification is the act of specifying how agricultural lands shall be utilized for non-agri uses such as residential, industrial and commercial while conversion is the act of changing the current use of a peace of agri land into some other use as approved by DAR. Art. 415= the following are immovable property: 1. Land, buildings, roads and construction of all kinds adhered to the soil; 2. Trees plants and 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 or ornamentation, placed in buildings or on lands by the owner of an 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, fish ponds 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; animals in these places are included; 7. Fertilizer actually used on a piece of land; 8. Mines, querries and slug dumps, while the matter thereof form part of the bed, and water either running or stagnant.

9. Docks and structures which, through floating are intended by their nature and object to remain a a fixed place on a river, lake, or coast; 10. Contracts for public works, and servitudes and other real rights over immovable property. ACADEMIC CLASSIFICATION OF REAL PROPERTIES: 1. Real property by nature(like trees and plants) 2. Real property by incorporation (like a building) 3. Real property by destination or purpose(like machinery placed by the owner of a tenement on it for direct use in an industry to be carried on therein) 4. Real property by analogy(like the right of usufruct, or a contract for public works, or easements and servitudes, or sugar quotas) =no matter what their size may be, trees and plants are considered real property, by nature if they are the spontaneous products of the soil, and by incorporation, if they were planted thru labor. But the moment

they are detached or uprooted from the land, they become personal property except in case of uprooted timber, if the land is timberland. =a transportation business is not carried on in a building or in the compound. =a tenant placed machines for use I a sawmill on the land of the landlord is the machine real or personal? - as a rule, the machinery should be considered as personal, sinced it was not placed on the land by the owner of said land. BAR QUESTIONS: 1. When is machinery attached to land or a tenement considered immovable? ans. 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 a piece of land, and which tend directly to meet the needs of said industry or works. 2. Give exception? ans. When placed on the tenement by the tenant. =exception to the exception; when the tenant has promised to leave the

machinery on the tenement at the end of the lease, or he acted only as agent of the owner of the land. = a floating house tied to a shore or bank post and used as a residence is considered real property considering that the waters on which it floats, are considered immovables. However, if the floating house makes it a point to journey from place to place, it assumes the category of a vessel. = vessels are considered personal property. = Is the steamship President cleaveland personal or real property? ans. It can be moved from place to place, hence, it is personal property, although it partakes the nature of real property in view of its importance in the world of commerce. = Are sugar quotas real or personal property? ans. They are real property for they are by law considered real right over immovable property, just like servitude and easement. Art. 416 = the following things deemed to be personal property: are

1. Those movables susceptible of appropriation which are not included in the preceeding article; Ex: a fountain pen, a piano, animals 2. Real property which by any special provision of law is considered as personal property; Ex: growing crops for the purpose of the chattel mortgage law; machinery placed on the tenement by the tenant who did not act as an agent of the tenement owner. 3. Forces of nature which are brought under control of science; and Ex: electricity, gas, light, nitrogen 4. In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. Ex: machinery not attached to land nor needed for the carrying on of an industry conducted therein; portable radio; a laptop computer; a diploma hanging on the wall. Art. 417 = the following are also considered as personal property:

Obligations and actions which have for their object movables or demandable sums; and = if somebody steals my car, my right to bring an action to recover the automobile is personal property by itself. =promissory note is a personal property; the right to collect is also a personal property but a mortagage in real estate is real property by analogy. 2. Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. = all shares in all juridical persons should be considered personal property.
1.

Art. 418 = movable property is either consumable or non-consumable. To the first class belong those movables which cannot be used in manner appropriated to their nature without their being consumed; to the second class belong all the others. Consumable this cannot be used according to its nature without its being consumed. Non-consumable any other kind of movable property.

Nun-fungible = it is agreed that the identical thing be returned. Fungible = if it is agreed that the equivalent be returned. Art. 419 = Property is either of public dominion or of private ownership. Art. 420 = the following things are property of public dominion: 1. Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the state, banks, shores, roadsteads, and others of similar character; =public dominion means ownership by the state in that the state has control and administration. = canals constructed by private persons within private lands and devoted exclusively for private use must be of private ownership. =torrents are that amount of water in case of heavy rains gathers in deep places or canals where it is supposed to flow afterwards. =characteristics of Public Dominium:

a. They are outside the commerce of men. b. They cannot be acquired by prescription c. They cannot be registered in the Land Registration Law d. They can be used by everybody e. They may be either real or personal property. 2. Those which belong to the state, without being for public use, and are intended for some public service or for the development of the national wealth. Art. 421 = all other property of the state, which is not of the character stated in the preceeding article, is patrimonial property. = patrimonial property of the state is the property it owns but which is not devoted to public use, public service or the development of the national wealth. = friar lands may be disposed of in accordance with the provisions of Act 1120. It is necessary that a formal certificate of transfer be drawn up and submitted to the Chief of the Bureau of Public lands for approval and registration.

=municipal-owned waterworks system is patrimonial in character since the system serves only those who pay the charges or rents. = patrimonial properties may be acquired by private individuals or corporation thru prescription. Art.422 = Property of public dominion, when no longer intended for public use or public service, shall form part of the patrimonial property of the state. = abandoned river beds belong not to the state, but to the private land owner whose land is now occupied by the changed course, in proportion to the area lost. Art. 423 = the property of provinces, cities, and municipalities is divided into property for public use and patrimonial property. Art. 424 = Property for public use, in the provinces, cities and municipalities consists of the provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public

service paid for by said provinces, cities or municipalities. All other property possessed by any of them is patrimonial and shall be governed by this code, without prejudice to the provisions of special laws. =properties of public domain, owned by the national government, even if planted upon with trees by a municipality for a number of years, do not become municipal properties and may not therefore be registered by a municipality under its name. Art. 425 = property of private ownership, besides the patrimonial property of the state, provinces, cities and municipalities, consists of all property belonging to private persons, either individually of collectively. = collectively refers to ownership by private individuals as co-owners; or by corporations, partnerships, or other jurisdictional persons (such as foundations) who are allowed by the Civil Code to possess and acquire properties. = payment of land tax is not an evidence of ownership of a parcel of land for which payment is made, especially when the parcel

of land is covered by a Torrens title in the name of another. = a certificate is not conclusive evidence of title if it is shown that the same land had already been registered and an earlier certificate for the same is in existence. = an alien has no right to acquire since the date of effectivity of the Phil. Const., any public or private agricultural, commercial or residential lands, even if it be a religious and non-stock corporation, since this is not contrary to religious freedom because ownership of real estate is not essential for the exercise of religious worship. =land of public domain classified as military reservation remains as such until, by presidential fiat or congressional act. Art. 426 = whenever by provision of the law, or an individual declaration, the expression immovable things or property or movable things or property, it is used, it shall be deemed to include respectively, the things enumerated in Chapter 1 and 2. Whenever the word muebles or furniture, is used alone, it shall not be deemed to include money, credits,

commercial securities, stocks and bonds, jewelry, scientific or artistic collection, books, medals, arms clothing, horses or carriages and their accessories, grains, liquids and merchandise, or other things which do not have as their principal object the furnishing or ornamenting of a building, except wherefrom from the context of the law, or the individual declaration, the contrary clearly appears. = A told B, Ill give you my furniture. Does this include books and bookcases? ans: the books, no; the bookcases,yes. = A told B, Ill give you my furniture, including my stocks and horses. Are the stocks and horses included? ans: yes, in view of the express declaration to that effect. Art.427 = ownership may be exercised over things or rights. = Ownership is the independent and general right of a person to control a thing particularly in his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of the law.

= the seller is not required to pay the real estate taxes on the lot sold, because after all, it has already delivered the land to the buyer, ownership has therefore been transferred by virtue of said delivery. = Kinds of ownership: 1. Full ownership(dominium or jus re propia)= this includes all rights of an owner. 2. Naked ownership(nuda proprietas)= this is ownership where the right to the use and the fruits has been denied. 3. Sole ownership= where the ownership is vested in only one person. 4. Co-ownership (or Tenancy in Common)= when the ownership is vested in two or more persons. = a possessory information duly recorded in the Registry of Property is a prima facie evidence that the registered possessor is also the owner of the land involved. Art.428 = the owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.

The owner has also a right of action against the holder and possessor of the thing in order to recover it. 1. Right to possess means the right to hold a thing or to enjoy a right. - If I sell what I own, I am duty bound to transfer its possession, actually or constructively, to the buyer. - If I buy a house from x, and x is renting the house to y, I can ask y to leave the premises so that I may possess the same unless the lease is still unexpired and duly recorded in the Registry of Property, or unless at the time of sale, I already knew of the existence and duration of the lease. - If I lease my house to L, L has the right to physically possess my house for the duration of the lease as long as he complies with the conditions of the contract, otherwise if I eject him forcibly from the house, h may bring an action of forcible entry against me, even, if I am the owner. 2. The right to use includes the right to exclude any person, as a rule, from the enjoyment and disposal thereof.

3.

4.

- The owner-possessor may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of the property. - The owner of the thing cannot make use thereof in such manner as to injure the rights of a third person. - When a person using his brothers land, with the latters permission, is sued by a stranger who claims to be the owner thereof, the owner is entitled to intervene in the action so that he can adequately protect his rights. If he be not allowed to intervene, a judgment against the brother-possesor would generally not be binding on the brotherowner. The right to the fruits includes natural, industrial or civil fruits . - Only owners and not mortgagees, can claim damages for injury to the fruits of a piece of land and for injury caused by the deprivation of possession. The right to consume - A person can indeed burn his own house if in an isolated place, but not where the

burning would endangered the properties of others. - A person can dispose of his wealth, but he must leave enough for his own support and for those whom he is obliged to support. - If a person wastes his money for the purpose of depriving his compulsory heirs of their rightful legitimate, he may be declared a spend-thrift or prodigal. 5. The right to dispose includes the right to donate, to sell, to pledge or mortgage. - A husband cannot ordinarily donate property of considerable value to his wife as long as the marriage lasts. Such a donation is null and void. - A donation between a common-law husband and a common-law wife is null and void. 6. The right to recover: - Repliven is the proper action to recover personal property. - 3 right actions to recover the possession of real property. a. Forcible entry or unlawful detainer

b. Accion publiciana plenary action to recover the better right of possession. c.Accion reivindicatoria reindivincatory action Or make us of writ of preliminary mandatory injunction and writ of possession. In case of disputes involving real property, the proper barangay court is where the property is situated, even if the parties reside somewhere else in the municipality or city. If this is not followed, the Lupong Barangay(under PD 1508) would have no jurisdiction. A tax declaration and receipts are not conclusive evidence of ownership, yet when coupled with proof of actual possession, tax declaration and receipts are strong evidence of ownership. A tax declaration cannot generally prevail over adverse possession for a long period of the disputed lot nor over a private deed of sale.

Art. 429 the owner or lawful possessor of a thing has the right to exclude any person

from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent as actual or threatened unlawful physical invasion or usurpation of his property. - The principle of self-help, namely the right to coun ter, in certain cases, force with force. - If I have a car, I see a theft about to get it. I can use force in driving the theft away, provided that the means I resort to are reasonable. - One has no right at all, thus, to prevent by force, a sheriff from lawfully levyng on his property, or to prevent a policeman from confiscating evidence of a crime in his possession. - If a person finds a neighbors pig among the plants of his land, the proper thing for him to do is drive the pig away, and to file a civil action against the owner of the pig for damage to the plants. It would be wrong for him to shoot the pig to death for the purpose of vengeance and for such an act, he can be convicted of the crime of malicious mischief.

- Force could be used only when physical harm threatens the owner or protector of the property.- provided that defense not vengeance is involved. Art. 430 = Every owner may enclose or fense his land or tenements by means or walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted therein. - A person may fense off his house and lot unless he denies others a right of way to which the latter may be entitled. In one case, the lands of A were being flooded because B, the owner of certain lands, in order to maintain a fish pond, closed his (Bs) estate, thus closing the outlet to the river of water on As property. The question was whether B had the right to fense his estate. ans. No, B had no right to prevent the outflow of the water from As estate. While he had the right to fense his estate, still he should not impair the servitudes or burdens constituted thereon.

- Property infront is servient estate, the property at the back is the dominant estate. Art. 431 the owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. - I cannot blow my saxophone in the middle of the night because I would unduly disturb the rights of others to a peaceful sleep. - If Gloria owns a house on an isolated farm in Lucena, she can burn said house; but if she owns one in manila, she cannot burn the house in view of the possible harm to others. Art. 432 the owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compare to the damage arising to the owner from the interference, is much greater. The owner may demand from the person benefited indemnity for the damage to him. - This article refers to state of necessity.

- Any person who, in order to avoid evil or injury, does an act which causes damage to another does not incur criminal liability provided; that the danger to be avoided actually exist; that the injury feared be greater than that done to avoid it; that there be no other practical and less harmful means of preventing it. - To prevent fire from spreading and thus burning valuable houses, firemen may dynamite or destroy barong-barong between the fire and the shacks so as to stop the fire. The owner of the barongbarong have no right to interfere. However the owner of the buildings saved will have to compensate the owners of the shacks destroyed. Art. 433 actual possession under claim of ownership raises a disputable presumption of ownership. The true owner must resort to judicial process for the recovery of the property. - The true owner has to resort to judicial process to recover his property, only if the possessor does not want to surrender the property to him, after

proper request or demand has been made. Judicial process must then be had to prevent disturbances of the peace. Art. 434 In an action to recover, the property must be identified, and the plaintiff my rely on the strength of his title and not on the weakness of the defendants claim. - If the claims of both plaintiff and defendant are weak, judgment must be for the defendant, for the latter, being in the possession, is presumed to be the owner, and cannot be obliged to show or prove a better title. - It has been held that in the absence of evidence of ownership, the mere fact that a map in the citys possession showed that the property involved was a portion of a street does prove dominium by the state. Art. 435 no person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation.

Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner of his possession. - Eminent domain or the superior right of the State to own certain properties under certain conditions, is a limitation on the right of ownership, and may be exercised even over private properties of cities and municipalities, and even over lands registered with a torrens title. - The general rule is that the just compensation to where the owner of the condemned property is entitled to is the market value of the land. Art. 436 when any property is condemned or seized by competent authority in the interest of health, safety or security, the owner thereof shall not be entitled to compensation, unless he can show that such condemnation or seizure is unjustified.

Art. 482
1. On As estate is awall facing the street. The wall is in danger of falling. May the owner be compelled to demonish or repair it? - Ans. Yes, and if he does not so, the administrative authorities may either order its demolition at As expense or take measures to insure public safety. Note: the complainant who brings the case must either have his property adjacent to the dangerous construction, or must have to pass by necessity in the immediate vicinity.

Art. 483 whenever a large tree threatens to fall in such a way as to cause damage to the land or tenement of another or travelers over a public or private land, the owner of the tree shall be obliged to fell and remove it; and should he not do so, it shall be done at his expense by order of the administrative authorities. - Failure of the owners part to act accordingly will be met with expenses shouldered by him. Art. 474 this article deals with SPECIFICATION. In general, the rule of accessory follows the principal applies here, with LABOR being considered the principal 1. If I bake a cake, using the flour of my brother, and I am in good faith, I can get the cake but I must pay for the flour. EXCEPTION: If the material(accessory) is more precious than the new thing or is more valuable, the owner of the material has an option: -to get the new thing but he pays for the work or demand indemnity for the material. - If the worker is in bad faith, he can appropriate the work without paying for the labor or he can demand indemnity for the material plus damages. - Appropriation is not available if the value of the resultant work is more valuable for artistic or scientific reasons. - DIFFERENCES: 1. Adjunction= involves at least 2 things, as a rule accessory follows principal, the thing joined retain their nature. 2. Mixture = involves at least 2 things, as a rule, coownership results, the thing mixed or confused may either retain or lose their respective nature.

3. Specification = may involve only one thing(may be more) but form is changed, as a rule accessory follows the principal, the new object retains or preserves the nature of the original object. Art. 475 in the preceeding articles, sentimental value shall be duly appreciated. - A thing of sentimental reasons may be worth much more than its actual value. Art 472 473: - 2 KINDS OF MIXTURE: 1. Commixtion if solids are mixed. 2. Confusion if liquids are mixed. -if mixture is made by owner in good faith Co-ownership -if mixture is made by owner in bad faith- he losses his material in favor of the other and is liable for damages. Ex. If a thief steals some cattle belonging to another, mixes them with his own, but can no longer identify which is his or the others and does not remember how many were stolen, the thief should loss all the cattle he originally had, because this is a case of commixtion inbad faith and everything must therefore belong to the offended party. = mutual bad faith both must be considered in good faith. = when mixture is made by common consent= it is understood that in this case, the stipulations of the parties should be controlling. = if some parts mixed are of same kind, quantity and quality.= all that is needed would be to divide the mixture into two equal parts.

= rule in case mixture was caused by the negligence of one of the parties= the party negligent is liable for culpa aquiliana and should indemnify for damages. Art. 471: INDEMNITY HOW PAID: either 1. Delivery of the thing equal in kind and value(quality, quantity) 2. Payment of price as appraised by experts Here, sentimental value must be considered. Art. 470: RULES IN CASE OF BAD FAITH IN THE ADJUNCTION: 1. If I in bad faith, will use my varnish on the chair of my brother. I losses all rights to the varnish. Moreover, I will be responsible for damages. 2. If in bad faith, will use my brothers lead in soldering my pipes, my brother has the right to ask for payment of the lead plus damages; or he may choose to have the lead removed from the pipes even if the pipes be destroyed, plus damages. EFFECT OF BAD FAITH ON PART OF BOTH: -both should be considered in good faith. Art. 469: -when a valuable diamond(the accessory because it is for embellishment of the ring) is set in good faith on a silver ring, the owner of the diamond can ask for separation, even though there will be injury to the ring. Expenses for the separation must of course be borne by the person who caused the union, considering that both parties are in good faith.

Art. 467-468: TEST TO DETERMINE WHICH IS THE PRINCIPAL AND WHICH IS THE ACCESSORY- in order of preference: 1. That to which the other has been united as an ornament, or for its use, or perfection. 2. That of greater value 3. That of greater volume 4. That which has greater merits - Ex. In motor vehicle , the engine in the principal. IN PAINTING, SCULPTURE, WRITINGS, PRINTED MATTER, ENGRAVING AND LITHOGRAPHS the board, metal, stone, canvas, paper or parchment shall be deemed the accessory. What is printed is considered of greater important. IF ADJUNCTION CONCERNS THREE OR MORE THINGS: - Determine which is the principal all the rest should be considered as the accessory. Art. 466: Adjunction is the process by virtue of which two movable things belonging to different owners are united in sucsh a way that they form a single object. Ex: A varnishes his chair with the varnish of B. Adjunction or conjunction Kinds: 1. Inclusion (ex. Sapphire set on aring) 2. Soldering (ex. Joining legs made of lead to a body also made of lead) Note: ferruminatio objects are of the same metal Plumbatura objects are of differen metal