Beruflich Dokumente
Kultur Dokumente
PROPERTY - All things which are, or may be, the object of appropriation (Art. 414, NCC) Thing and Property Distinguished THING PROPERTY includes both things which are appropriable and non- susceptible of appropriable objects appropriation and which are already possessed and found in the possession of man Note: Strictly speaking, thing is NOT synonymous with property. HOWEVER, the New Civil Code uses these terms interchangeably. Requisites/Characteristics: (USA) 1. utility ability to serve as a means to satisfy human needs 2. substantivity or individuality separate and autonomous existence 3. appropriability even if not yet actually appropriated (Reyes-Puno, p.1) CLASSIFICATION OF PROPERTY Kinds of Properties: 1. Immovable or real (Art. 415) 2. Movable or personal (Arts. 416, 417) The human body, whether alive or dead, is neither real nor personal property, for it is not even property at all, in that it generally cannot be appropriated. Under certain conditions, the body of a person or parts thereof may be the subject matter of a transaction (See RA No. 349, RA No. 7170, RA No. 7719). Parties to a contract may treat as personal property that which by nature is real property;
and it is a familiar phenomenon to see things classed as real property for purposes of taxation which on general principle might be considered personal property (Standard Oil Co. vs. Jaranillo GR No. 20329, March 16, 1923). IMMOVABLE PROPERTIES Categories: (NIDA) 1. Real by nature it cannot be carried from place to place (pars. 1 & 8, Art. 415) 2. Real by incorporation attached to an immovable in a fixed manner to be an integral part thereof (pars. 13 Art. 415) 3. Real by destination placed in an immovable for the utility it gives to the activity carried thereon (pars. 47 and 9 Art. 415) 4. Real by analogy it is so classified by express provision of law (par. 10, Art. 415) Types of Immovable Properties (Art. 415) 1. Land, buildings, roads and constructions of all kinds adhered to the soil Where a building is sold to be demolished immediately, it is to be regarded as movable because the subject matter of the contract is really the materials thereof. Buildings are immovables by incorporation. Hence, their adherence to the land must be permanent and substantial. Portable structures are not immovables. A building is an immovable even if not erected by the owner of the land. The only criterion is union or incorporation with the soil. (Ladera vs. Hodges CA-GR No. 8027-R, September 23, 1952). A building is real property thus, its sale as annotated in the Chattel Mortgage Registry cannot be given the legal effect
EXECUTIVE COMMITTEE: HERBERT CALVIN ABUGAN overall chair and chair academics operations, MANOLO ADEL SANTOS chair hotel operations, GRACE SARAH TRIA vice chair for operations, JUAN CARLOS NUESTRO vice chair for academics, MAE ANGELIE ETANG vice chair for secretariat, KRISTINE ANNABELLEE HIPOS vice chair for finance, EIREENE XINA ACOSTA vice chair for edp, ACE JELLO CONCEPCION vice chair for logistics CIVIL LAW: FRANCESCA LOURDES SENGA subject chair, SHEENA MARIE ABELLA assistant subject chair, ACE ARVIN GANDO edp, FRANCESCA LOURDES SENGA persons and family relations, CRISCELYN CARAYUGAN property, MA. PELISA CORAZON PARIDO and MARY IVY ANNE GALANG wills and succession, MARIA DANIAFLOR BERAMO and COLLEEN INFANTE obligations and contracts, MARY IVY ANNE GALANG sales and lease, EVA CHRISTINE NAPARAN partnership, agency and trust, KATHERINE ANN ASILO credit transactions, SHEENA MARIE ABELLA torts and damages, JAN PEARL PORTUGAL land titles and deeds, JAN MANUELLE REYES conflict of laws MEMBERS: Aldren Abrigo, Lloyd Elgene Apostol, Joanna Arellano, Jonathan Bajeta, Paul Isaac Barrameda, Barbara Jeniffer Bautista, Arlene Borja, Leana Blasco Keith Francis Briones, Angelita Calalang, Uelah Cangco, Kristine Paula Chu, Benedicto Claravall, Diane Therese Dauz, Herbert Davis, Riyah Lalaine Domingo, Ana Ofloda delos Reyes, Ramona Diozo, Clarissa Enano-Caenano, Carla Esplana, Diana Fajardo, Leoponville Ndota Wambui Gitau, Kristine Carmela Gonzales, Daisy Joy Jalova, Roehl Joson, Jackie Lamug, Flocerfina Lloren, Jerome Matas, Herbert Matienzo, Charlene Clara, Mendoza, Kristel Concepcion Ona, Joanna Marie Paguio, Patricia Salang, Christine Santos, Rio Rose Santos, Charlotte Sayson, Mary Meilani Suyat, Jezreel Caridad Taguba, Florence Tolentino, Philip Torres, Gilda Villanueva, Joan Grace Wilson, Joshua Villena, Raul Canon, Deogracias Natividad
There are 2 views on the effect of the temporary separation of movables from the immovables to which they are attached: a. They continue to be regarded as immovables. b. Fact of separation determines the condition of the object (supported by Paras and Tolentino) If the machine is still in the building, but is no longer used in the industry, the machine reverts to the condition of a chattel. On the other hand, if still needed for the industry, but separated from the tenement temporarily, the property continues to be an immovable (Paras, p.20).
6. Animal houses, pigeon houses, beehives, fish ponds, etc. Requisites: a. Placed by the owner, or by a tenant as agent of the owner, with the intention of permanent attachment b. Forms a permanent part of the immovable 7. Fertilizer Actually used means that it has been spread over the land. 8. Mines, quarries and slag dumps They are considered as realty only if the matter remains unsevered from the soil. Once severed, they become personalty. 9. Docks and Structures Vessels are considered personal property under the Civil Law as well as under the common law, although occasionally referred to as a peculiar kind of personal property. (Phil. Refining Co., Inc. vs. Jarque
GR No. 41506, March 25, 1935).
10. Contracts for Public works, and servitudes and other real rights A personal right is always regarded as personal property. The exception is in the case of contracts for public works which are considered as real property.
Characteristics: (OI-PAE) 1. Outside the commerce of man 2. Inalienable, but when it is no longer needed for public use or service, it may be declared patrimonial property. 3. Cannot be acquired by prescription 4. Not subject to attachment or execution 5. Cannot be burdened with easements Note: They CANNOT be registered under the land registration law and be the subject of a Torrens title. The character of public property is not affected by possession or even a Torrens Title in favor of private persons (Palanca vs. Commonwealth, GR No. 46373, Jan. 29, 1940). As property of public dominion, the Roppongi lot is outside the commerce of man. The fact that it has not been used for a long time does not automatically convert it to patrimonial property. The conversion happens only if the abandonment is definite and upon a formal declaration on the part of the government to withdraw it from public use (Laurel vs. Garcia GR No. 92013, July 25, 1990). The Executive and possibly the Legislative Departments have the authority and the power to make the declaration (Natividad vs. Director of Lands 37 O.G. 2906). II. Property of Private Ownership
Concept: It does not import the idea of ownership. It is not owned by the state but simply under its jurisdiction and administration for the collective enjoyment of people. The ownership of such properties is in the social group, whether national, provincial or municipal.
Kinds: 1. Property owned by the state and its political subdivisions in their private capacity and is known as patrimonial property (Art. 421-424) 2. Property belonging to private persons (Art. 425)
44
As to the necessity of demand No previous demand for Demand is jurisdictional the defendant to vacate if the ground is non is necessary payment of rentals or failure to comply with the lease contract As to necessity of proof of prior physical possession Plaintiff must prove that Plaintiff need not have he was in prior physical been in prior physical possession of the possession premises until he was deprived thereof by the defendant As to when the 1 year period is counted from 1 year period is generally counted from the date of actual entry on the land 1 year period is counted from the date of last demand or last letter of demand
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. The issue involved is not possession de facto but possession de jure of realty independent of the title. Must be brought in the proper regional trial court within a period of 10 years from the time the cause of action arises. c. Accion reivindicatoria: An action to recover real property based on ownership. The object is the recovery of dominion over the property as owner. Must be brought in the proper regional trial court within a period of 10 years from the time the cause of action arises. Requisites: i. The thing must be corporeal, concrete, and determinate ii. Proof of identity
46
General rule: To the owner of the principal belongs the natural, industrial, and civil fruit. Exceptions: If the thing is: (PULA) a. in possession of a possessor in good faith; b. subject to a usufruct; c. leased or pledged; or d. in possession of an antichretic creditor General rule: Expenses of production, gathering and preservation (whether more or less than the value of the fruits) must be borne by the receiver of the fruits. Exception: The rule does NOT always apply to pending fruits. 2. Accession Continua the right pertaining to the owner of a thing over everything that is incorporated or attached thereto either naturally or artificially; by external forces. a. With respect to real property i. accession industrial building, planting, sowing ii. accession natural alluvium, avulsion, change of course of rivers, formation of islands
ACCESSION (Arts. 440 475) The right by virtue of which the owner of a thing becomes the owner of everything that is produced thereby or which is incorporated or attached thereto, either naturally or artificially. ACCESSORIES - things joined to or included with the principal thing for the latters embellishment, better use, or completion
Good Faith Right of retention for necessary and useful expenses Keep building, planting or sowing w/o indemnity to owner of materials and collect damages (546, 449)
Bad Faith {Same as though all acted in good faith (453)} Bad Faith Good Faith Good Faith Acquire Remove Remove improvements improvements in materials if w/o after paying any event injury indemnity and Be indemnified Collect value of damages to B, for damages materials, P, S primarily from B, Subsidiarily P, S; subsidiarily liable to owner from LO (447, of materials 455) (454, 447, 455) Bad Faith Bad Faith Good Faith Acquire Right of Collect value of improvements retention for materials after indemnity necessary primarily form B, to B, P, S; expenses P, S; subsidiarily subsidiarily Pay value of from LO liable to owner materials to 2. Collect of materials owner of damages a. Sell to B, P materials and 3. If B, P, S except: if the pay him acquires value is damages (546, improvements considerably 447) remove more materials in any b. Rent to S event (447, 455) (453, 448, 546, 548, 455) Good Faith Bad Faith Good Faith Option to: Recover Collect value of Acquire w/o necessary materials and paying expenses (452, damages from indemnity and 443) B, P, S and collect damages Lose subsidiarily from Sell to B, P and improvements LO rent to S and w/o right of Remove collect damages retention from materials in any Demolish or LO (452) unless event if B, P, S restore and LO sells the acquires collect damages land improvements Pay necessary expenses to B, P, S Subsidiarily liable to owner of materials (449, 450, 451)
48
Article 448: Application: Applies only when the builder, planter or sower believes he has the right to build, plant or sow because he thinks he owns the land or believes himself to have a claim of title (Morales vs. CA, GR No. 126196, January 28, 1998). When the co-ownership is terminated by a partition and it appears that the house of an erstwhile co-owner has encroached upon a portion pertaining to another co-owner which was however made in good faith, then the provisions of Art. 448 should apply to determine the respective rights of the parties (Ignao vs. Intermediate Appellate Court GR No. 72876, January 18, 1991). Does not apply where ones interest in the land is merely that of a holder such as a mere lessee under a rental contract (Balucanag vs. Francisco GR No. L-33422, May 30, 1983), an agent, or a usufructuary (Macasaet vs. Macasaet GR No. 154391, September 30, 2004). The provision on indemnity in Art. 448 may be applied by analogy considering that the primary intent of the law is to avoid a state of forced coownership especially where the parties agree that Arts. 448 and 546 are applicable and indemnity for the improvements may be paid although they differ as to the basis of the indemnity. It is the current market value of the improvements which should be made the basis of reimbursement to the builder in good faith (Pecson vs. CA, GR No. 94033, May 29, 1995). Options of the landowner: The owner of the land shall have the right to appropriate as his own the building, planting or sowing, after payment of the necessary and useful expenses. The owner of the land may also oblige the builder, planter or sower to pay the price of the land. If the owner chooses to sell his land, the builder, etc. must purchase the land; otherwise, the owner may remove the improvements thereon. The builder, etc. is not obliged to purchase the land if its value is considerably more than the building. In such case, the builder, etc. must
Right to choose: It is the owner of the land who must exercise the option because his right is older and because, by the principle of accession, he is entitled to the ownership of the accessory (Bernardo vs. Bataclan GR No. 44606, November 28, 1938). The so-called workable solution, as provided in the case of Grana vs. CA (GR No. L-49219, April 18, 1988) is one where the Court orders the owner of the land to sell to the builder, etc. the part of the land intruded upon, and thereby depriving him of his right to choose, because it would be impractical to choose the first alternative for the whole improvement might be rendered useless. Accession natural 1. Alluvion or Alluvium (Art. 457-458) Increment which lands abutting rivers gradually receive as a result of the current of the waters Accretion - the process by which a riparian land gradually and imperceptibly receives addition made by the water to which the land is contiguous Requisites of alluvion or accretion: a. the deposit or accumulation of soil or sediment must be gradual and imperceptible (increase must be comparatively little) b. the accretion must result from the effects or action of the current of the water c. that the land where accretion takes place is adjacent to the bank of the river
Reasons for the rule: a. To compensate the owner for losses which they may suffer by erosion. b. To compensate them for the burdens of legal easements, which are imposed upon them c. Because it is the owner of the contiguous land who can utilize the increment to the best advantage d. Because this is the only feasible solution, since the previous owners can no longer be identified. An alluvion is automatically owned by the riparian owner from the moment the soil deposit can be seen but the additional area does not automatically become registered land just because the lot which receives such accretion is covered by a Torrens title. The riparian owner must register the additional area (Heirs of E. Navarro vs. Intermediate Appellate Court GR No. 68188, October 13, 1997). Failure to register the acquired alluvial deposit by accretion subjects said accretion to acquisition thru prescription by third persons (Reynante vs. CA, GR No. 95907, April 8, 1992). A riparian owner cannot acquire the addition to his land caused by special works (e.g., dikes) expressly intended by him to bring about accretion (i.e., for reclamation purposes) and not to protect his property from the destructive force of the waters of the river (Republic vs. CA, GR No. L-43105, August 31, 1984). In the absence of evidence that the change in the course of the river was sudden, the presumption is that the change was gradual and was caused by alluvium and erosion (Payatas-Estate Improvement Co. vs. Tuason GR No. L30067, March 23, 1929).
belongs to the owner of belongs to the owner the property to which it from whose property it is attached was detached 3. Change of Course of Rivers (Art. 461462) Requisites: (NAPA) a. There must be a natural change in the course of the waters of the river; otherwise, the bed may be the subject of a State grant (ReyesPuno, p.54). b. The change must be abrupt or sudden c. The change must be permanent; the rule does not apply to temporary overflowing d. There must be abandonment by the owner of the bed i.e. a decision not to bring back the river to the old bed. (ReyesPuno, p.53). Once the river bed has been abandoned, the owners of the invaded land become owners of the abandoned bed to the extent as provided by Art. 462. No positive act is needed on their part, as it
2. Avulsion (Art. 459) The transfer of a known portion of land from one tenement to another by the force of the current. The portion of land must be such that it can be identified as coming from a definite tenement.
50
4. Formation of Islands (Arts. 463465) Rules on Ownership: a. If formed by the sea: i. within territorial waters State ii. outside territorial waters to the first occupant b. If formed in lakes, or navigable or floatable rivers State c. If formed on nonnavigable or non floatable rivers: i. if nearer to one margin or bank to the nearer riparian owner ii. if equidistant from both banks to the riparian owners, by halves There is no accession when islands are formed by the branching of a river; the owner retains ownership of the isolated piece of land.
Right of Accession With Respect To Personal Property Basic Principle: Accession exists only if separation is not feasible. Otherwise, separation may be demanded. Kinds: 1. Adjunction/ conjunction (Arts. 466-471): The union of two movable things belonging to different owners, in such a manner that they cannot be separated without injury, thereby forming a single object Requisites: a. the two things must belong to different owners b. that they form a single object, or that their separation would impair their nature Kinds: a. inclusion or engraftment b. soldadura or soldering i. ferruminacion if both the accessory and principal objects are of the same metal ii. plumbatura if the accessory and principal objects are of different materials c. escritura or writing
Nature: Actions for quieting of title are neither suits in rem nor suits in personam. They are suits against a particular person in respect to the res and the judgment will apply only to the property in dispute. They are suits quasi in rem (Realty Sales Enterprises, Inc. vs. Intermediate Appellate Court GR No. L-67451, September 28, 1987). Requisites: (LCD-R) 1. plaintiff must have a legal or equitable title to, or interest in the real property which is the subject matter of the action; 2. there must be a cloud in such title; 3. such cloud must be due to some instrument, record, claim, encumbrance or proceeding which is APPARENTLY VALID but is in truth invalid, ineffective, voidable or unenforceable, and is prejudicial to the plaintiffs title; and 4. plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to his benefit. Classes: 1. Remedial (Action to quiet title) - the action may be brought to remove a cloud or quiet title to real property or an interest therein (Art. 476 par. 1) 2. Preventive (Action quia timet) - to prevent a future cloud (doubt) from being cast upon the title to real property or an interest therein (Art. 476 par. 2). Prescriptive Period: 1. plaintiff in possession imprescriptible 2. plaintiff not in possession 10 (ordinary) or 30 years (extraordinary) The action to quiet title does NOT apply: 1. to questions involving interpretation documents
Adjunction, Mixture and Specification Distinguished ADJUNCTION MIXTURE SPECIFICATION Involves at Involves at May involve one least 2 things least 2 things thing (or more) but form is changed Accessory Co-ownership Accessory follows follows the results the principal principal Things retain nature joined Things mixed their or confused may either retain or lose their respective natures The new object retains or preserves the nature of the original object.
QUIETING OF TITLE (Arts. 476481) Cloud on title A semblance of title, either legal or equitable, or a claim or a right in real property, appearing in
of
52
REQUISITES: 1. Plurality of owners 2. The object of ownership must be a thing or right which is undivided 3. Each coowners right must be limited only to his ideal share of the physical whole CHARACTERISTICS: (PSNCLG) 1. Plurality of subjects/owners 2. there is a single object which is not materially divided 3. there is no mutual representation by the co owners 4. it exists for the common enjoyment of the co owners 5. it has no distinct legal personality 6. it is governed first of all by the contract of the parties; otherwise, by special legal provisions, and in default of such provisions, by the provisions of Title III on coownership SOURCES: (C LOST) 1. Contract 2. Chance 3. Law 4. Occupation 5. Succession 6. Testamentary disposition or donation inter vivos COOWNERSHIP AND PARTNERSHIP DISTINGUISHED COOWNERSHIP Can be created without the formalities of a contract Has no juridical or legal personality Purpose is collective enjoyment of the thing Coowner can dispose of his shares without the consent of the others with the transferee automatically becoming a co owner. There is no mutual representation. Distribution of profits PARTNERSHIP Can be created only by contract, express or implied Has juridical personality distinct from the partners Purpose is to obtain profits A partner, unless authorized, cannot dispose of his share and substitute another as a partner in his place.
2
As to buildings: The complainant must show that his property is adjacent to the dangerous construction, or must have to pass by necessity in the immediate vicinity. Lack of knowledge of the falling condition of the structure will not excuse the owner from liability. If the damage is caused by defects in the construction, then the builder is responsible for the damages. As to trees: The fall of the tree, occasioned by the inaction or negligence of the owner, someone has been hurt, the owner of the tree is liable for damages under the law on quasi-delict (Art. 2191, par. 3). CO- OWNERSHIP That form of ownership which exists whenever an undivided thing or right belongs to different persons. By the nature of coownership, a coowner cannot point to any specific portion of the property owned in common as his own because his share in it remains intangible and ideal (Avila et al. vs. Sps. Barabat GR No. 141993, May 17, 2006).
Death or incapacity dissolves the partnership May be made in any form except when real property is contributed There may be agreement as to a definite term without limit set by law.
RULES: I. Rights of each coowner as to the thing owned in common: (USBRAPLDP) 1. To use the thing owned in common Limitations: a. use according to the purpose for which it was intended b. interest of the coownership must not be prejudiced c. other coowners must not be prevented from using it according to their own rights 2. To share in the benefits and charges in proportion to the interest of each. Any stipulation to the contrary is void. 3. To the benefits of prescription: prescription by one coowner benefits all. 4. Repairs and taxes: to compel the others to share in the expenses of preservation even if incurred without prior notice. The coowner being compelled may exempt himself from the payment of taxes and expenses by renouncing his share equivalent to such taxes and expenses. The value of the property at the time of the renunciation will be the basis of the portion to be renounced. 5. Alterations: to oppose alterations made without the consent of all, even if beneficial. Alteration is an act by virtue of which a coowner changes the thing from the state in which the others believe it should remain, or withdraws it from the use to which they desire it to be intended. 6. To protest against seriously prejudicial decisions of the majority 7. Legal redemption: to be exercised within 30 days from written notice of sale of an undivided share of another coowner to a stranger
54
its
Classification 1. Waters public per se (water is the principal); the bed follows the character of the water 2. Waters public or private according to their bed (water is accessory to bed) 3. Waters public by special provision
MINERALS (Art. 519) Laws Governing Minerals: 1. Before 1902: R.D. sobre Mineria 1867 2. Between 1902-1906: The Philippine Bill of 1902 and Legislative Acts 3. After the Advent of the Commonwealth: Art. XIII of the Philippine Constitution and CA No. 137 4. Present: Mineral Resources Development Decree of 1974 (P.D. 463) and the Civil Code of the Philippines Minerals all inorganic substances found in nature, whether in solid, liquid, gaseous, or any intermediate state, with the exception of soil which supports the organic life, and of ordinary earth, gravel, sand, and stone which are used for building or construction purposes
56
Useful expenses add value to property or increase the objects productivity Ornamental/luxury expenses add value to the thing only for certain persons in view of their particular whims; neither essential for preservation nor useful to everybody in general LOSS OF POSSESSION (Art. 555) General Causes: 1. By the will of the possessor a. Abandonment b. Transfer or conveyance 2. Against the will of the possessor a. Eminent domain b. Acquisitive prescription c. Judicial decree in favor of one who has a better right d. Possession of another for more than one year This refers to possession de facto where the possessor loses the right to a summary action; but he may still
58
POSSESSION OF ANIMALS (Art. 560): Wild Animals living in a state of nature independently of and without the aid and care of man; considered possessed only while they are under mans control Domesticated/ Tamed Animals - wild or savage by nature but have been subdued and became accustomed to live in a tamed condition; considered possessed if they habitually return to the premises of their possessor Domestic/ Tame animals live, born and reared under the control and care of man USUFRUCT Gives the right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. CHARACTERISTICS: 1. real right 2. of temporary duration 3. to derive all advantages from the thing due to normal exploitation 4. may be constituted on real or personal property, consumable or nonconsumable, tangible or intangible, the ownership of which is vested in another 5. transmissible KINDS OF USUFRUCTUARY ACCORDING TO ORIGIN: 1. Legal created by law such as usufruct of the parents over the property of their unemancipated children 2. Voluntary created by will of the parties either by act inter vivos such as donation or by act mortis causa such as in a last will and testament 3. Mixed acquired by prescription such as when believing himself to be the owner of the property of an absentee, gave in his will the usufruct of the property for the requisite prescriptive period to his wife, who possessed it in good faith as usufructuary, and naked ownership to his brother
POSSESSION OF MOVABLES (Art. 559): Theory of Irrevindicability - Possession in good faith of a movable is presumed ownership. It is equivalent to title. No further proof is necessary (Aznar vs. Yapdiangco, G.R. No. L-18536, March 31, 1965). The rule isnecessary for purposes of facilitating transactions on movable property which are usually done without special formalities (Sotto vs. Enage, 43 O.G. 5075 [1947]). Requisites: 1. possession is in good faith 2. the owner has voluntarily parted with the possession of the thing 3. possessor is in the concept of owner Exceptions to the Theory of Irrevindicability: 1. where the owner or possessor lost a movable 2. where the owner or possessor has been unlawfully deprived of a movable General rule: One who has lost or has been unlawfully deprived of a movable may recover it from whoever possesses it without reimbursement. The owner of the thing must prove: (1) ownership of the thing, and (2) loss or unlawful deprivation; or bad faith of the possessor. Exceptions: 1. Where the owner acts negligently or voluntarily parts with the thing owned, he cannot recover it from the possessor. 2. If the possessor of the movable acquired it in good faith at a public sale, the owner cannot
GENERAL RULE: Usufructuary is bound to preserve the form and substance of the thing in usufruct. EXCEPTION: Abnormal usufruct whereby the law or the will of the parties may allow the modification of the substance of the thing. USUFRUCT AND LEASE DISTINGUISHED USUFRUCT LEASE Always a real right Generally right a personal
Person creating the Lessor may not be the usufruct should be the owner owner or his duly authorized agent May be created by law, Generally by contract, by will of contract the testator, or by prescription created by
As a rule, usufruct Lease generally refers covers all the fruits and to uses only all the uses and benefits of the entire property. Involves a more or less passive owner who allows the usufructuary to enjoy the object given in usufruct Lease involves a more active owner or lessor who makes the lessee to enjoy
Pays for ordinary repairs Lessee is not generally and taxes on the fruits under obligation to undertake repairs or pay taxes
SPECIAL USUFRUCTS: 1. of pension or income (Art. 570) 2. of property owned in common (Art. 582)
60
OBLIGATIONS OF THE USUFRUCTUARY 1. Before exercising the usufruct: a. To make an inventory of the property b. To give a bond, EXCEPT i. when no prejudice would result ii. when the usufruct is reserved by the donor or parents iii. in cases of caucion juratoria where the usufructuary, being unable to file the required bond or security, files a verified petition in the proper court asking for the delivery of the house and furniture necessary for himself and his family without any bond or security. 1) takes an oath to take care of the things and restore them 2) property cannot be alienated or leased because this would mean that the usufructuary does not need it Effects of failure to post bond: a. owner shall have the following options: i. receivership of realty, sale of movables, deposit of securities, or investment of money; OR ii. retention of the property as administrator b. the net product shall be delivered to the usufructuary c. usufructuary cannot collect credits due or make investments of the capital without the consent of the owner or of the court until the bond is given 2. During the usufruct: a. To take care of the property
CHARACTERISTICS: 1. It is a real right but will affect third persons only when duly registered. 2. It is enjoyed over another immovable, never on ones own property 3. It involves two neighboring estates (in case of real easements). 4. It is inseparable from the estate to which it is attached, and, therefore, cannot be alienated independently of the estate. 5. It is indivisible for it is not affected by the division of the estate between two or more persons. 6. It is a right limited by the needs of the dominant owner or estate, without possession. 7. It cannot consist in the doing of an act unless the act is accessory in relation to a real easement. 8. It is a limitation on the servient owners rights of ownership for the benefit of the dominant owner; and, therefore, it is not presumed. CLASSIFICATION: 1. As to recipient of benefit: a. Real/Predial when the easement is in favor of another immovable b. Personal when it is in favor of a community or of one or more persons i. Public if it is vested in the public at large or in some class of indeterminate individuals ii. Private if it is vested in a determinate individual or certain persons 2. As to its source:
62
MODES OF ACQUISITION: (PDFAT) 1. by prescription of 10 years (continuous and apparent easements) a. Positive servitude - counted from the day their exercise commences. b. Negative servitude - counted from the formal prohibition to the servient owner to do any act opposed to the servitude (Art. 621). There must be a notarized document. 2. by deed of recognition 3. by final judgment 4. by apparent sign established by the owner of two adjoining estates, unless: a. there are contrary stipulations or b. the sign is effaced 5. by title DOMINANT OWNER Rights: 1. To exercise all the rights necessary for the use of the easement 2. To make on the servient estate all the works necessary for the use and preservation of the servitude 3. To renounce the easement if he desires to exempt himself from contribution to necessary expenses 4. To ask for mandatory injunction to prevent impairment of his use of the easement Obligations: 1. Cannot render the easement or render it more burdensome 2. Notify the servient owner of works necessary for the use and preservation of the servitude 3. Choose the most convenient time and manner in making the necessary works as to cause the least inconvenience to the servient owner 4. Contribute to the necessary expenses if there are several dominant estates SERVIENT OWNER Rights: 1. To retain ownership and possession of the servient estate 2. To make use of the easement, unless there is agreement to the contrary 3. To change the place or manner of the easement, provided it be equally convenient Obligations: 1. Cannot impair the use of the easement
Requisites: 1. dominant owner must prove that he has the capacity to dispose of the water 2. that the water is sufficient for the intended use 3. that the course is most convenient, and rd least onerous to the 3 person 4. payment of indemnity VI. Easement For The Construction of A Stop Lock or Sluice Gate (Art. 647) VII. Easement of Right of Way (Arts. 649657): The right granted to the owner of an estate which is surrounded by other estates belonging to other persons and without an adequate outlet to a public highway to demand that he be allowed a passageway throughout such neighboring estates after payment of proper indemnity. Requisites: 1. Claimant must be the owner of the enclosed immovable or one with real right; 2. The dominant estate is surrounded by other immovables and there must be no adequate outlet to a public highway; 3. Right of way must be absolutely necessary; 4. Isolation must not be due to the claimants own act; 5. Easement must be established at the point least prejudicial to the servient estate; and insofar as consistent with this rule, where the distance from the dominant estate to the public highway may be the shortest; and
Special Cause of Extinction: 1. the opening of a public road, or 2. joining the dominant tenement to another with exit on a public road The extinction is NOT automatic. There must be a demand for extinction coupled with tender of indemnity by the servient owner. Easement of right of way cannot be acquired by prescription because it is discontinuous/intermittent (Ronquillo, et al. vs. Roco GR No. L-10619, February 28, 1958).
VIII. Easement of Party Wall (Arts. 658666) Party Wall - common wall which separates 2 estates built by common agreement at the dividing line such that it occupies a portion of both estates on equal parts Party Wall and Coownership Distinguished PARTY WALL COOWNERSHIP Shares of parties Shares of the co cannot be physically owners can be divided segregated but they and separated can be physically physically but before identified such division, a co owner cannot point to any definite portion of the property as
64
Presumptions of Existence (juris tantum): 1. in adjoining walls of buildings, up to common elevation 2. in dividing walls of gardens and yards (urban) 3. in dividing fences, walls and live hedges of rural tenements 4. in ditches or drains between tenements Rebuttal of Presumption: 1. title 2. by contrary proof: 3. by signs contrary to the existence of the servitude (Arts. 660 & 661) If the signs are contradictory, they cancel each other
Rights of Part Owners: 1. to make use of the wall in proportion to their respective interests, resting buildings on it or inserting beams up to onehalf of the walls thickness 2. to increase the height of the wall a. at his expense b. upon payment of proper indemnity c. to acquire half interest in any increase of thickness or height, paying a proportionate share in the cost of the work and of the land covered by the increase Obligations of Each PartOwner: 1. to contribute proportionately to the repair and maintenance unless he renounces his partownership 2. if one part owner raises the height of the wall, he must: a. bear the cost of maintenance of the additions b. bear the increased expenses of preservation c. bear the cost of construction
Modes of Acquisition 1. by title 2. by prescription a. positive counted from the time of the opening of the window, if it is through a party wall
X. Drainage of Buildings (Arts. 674676) 1. Easement of drainage of buildings the right to divert or empty the rain waters from ones own roof or shed to the neighbors estate either drop by drop or through conduits 2. Easement to receive falling rain waters deals not with legal easement but with a voluntary easement to receive rain water falling from the roof of an adjoining building 3. Easement giving outlet to rain water where house surrounded by other houses Requisites: a. there must be no adequate outlet to the rain water because the yard or court of a house is surrounded by other houses b. the outlet to the water must be at the point where egress is easiest and establishing a conduit for drainage c. there must be payment of proper indemnity XI. Intermediate Distances And Works For Certain Constructions And Plantings (Arts. 677681) 1. Constructions: wells, sewers, etc. a. distance is fixed by ordinances or custom must be observed b. protective structures prescribed by ordinances or custom must be erected; if none, precautions must be taken to avoid damage to neighboring estates c. violation causes responsibility for damages caused 2. Plantings: a. distances as prescribed by ordinances or customs must be observed. If none: i. for large trees: at least 2m from boundary ii. for shrubs: at least 50cm from the center of the tree b. intrusions; i. of branches: the owner of the tree may be compelled to cut intruding branches at the boundary
VOLUNTARY EASEMENTS (Arts. 688-693) Constituted by the will of the parties or of a testator. The owner possessing capacity to encumber property may constitute voluntary servitude. If there are various owners, ALL must consent; but consent once given is not revocable.
Rules governing voluntary easements: 1. if created by title, such as contract or will, then by such title 2. if created by prescription, by the form and manner of possession of the easement 3. in default of any of the above, by the provisions of the Civil Code on easements Voluntary easements are established in favor of: 1. predial servitudes: a. for the owner of the dominant estate b. for any other person having any juridical relation with the dominant estate, if the owner ratifies it
66
REMEDIES AGAINST PUBLIC NUISANCE: (PCE) 1. Prosecution under the RPC or local ordinance 2. Civil Action 3. Extrajudicial Abatement REMEDIES AGAINST PRIVATE NUISANCE: (CE) 1. Civil Action 2. Extrajudicial Abatement Note: The action to abate a public/private nuisance is NOT extinguished by prescription. EXTRAJUDICIAL ABATEMENT
Different Modes and Titles of Acquiring Ownership MODES OF TITLES OF ACQUIRING ACQUIRING OWNERSHIP OWNERSHIP Original Modes Occupation Condition of being without known owner Work which includes Creation, discovery or Intellectual creation invention Derivative Modes Law Existence of required
TRADITION/ DELIVERY - a mode of acquiring ownership as a consequence of certain contracts, by virtue of which, the object is placed in the control and possession of the transferee, actually or constructively. Requisites: 1. Right transmitted should have previously existed in the patrimony of the grantor; 2. Transmission should be by just title; 3. Grantor and grantee should have intention and capacity to transmit and acquire; and 4. Transmission should be manifested by some act which should be physical, symbolical or legal. Kinds: 1. Real Tradition actual delivery 2. Constructive Tradition a. traditio symbolica parties make use of a token or symbol to represent the thing delivered b. traditio longa manu by mere consent of the parties if the thing sold cannot be transferred to the possession of the vendee at the time of the sale c. traditio brevi manu when the vendee already has possession of the thing sold by virtue of another title d. traditio constitutum possessorium when the vendor continues in possession of the thing sold not as owner but in some other capacity 3. Quasitradition exercise of the right of the grantee with the consent of the grantor 4. Tradicion por ministerio de la ley delivery by operation of law 5. Tradition by public instrument the execution is equivalent to the delivery of the thing, object of the contract OCCUPATION A mode of acquiring ownership by the seizure of corporeal things that have no owner, with the intention of acquiring them, and according to the rules laid down by law REQUISITES: 1. There must be seizure of a thing;
68
Title conveyed to the donee before the donors death Valid if donor survives done Generally irrevocable during donors lifetime except for grounds provided by law (Arts. 760, 765) Must comply with the formalities required by Arts. 748 and 749 of the Code Must be accepted by the donee during his lifetime Subject to donors tax
DONATION INTER VIVOS AND DONATION MORTIS CAUSA DISTINGUISHED DONATION INTER DONATION MORTIS VIVOS CAUSA Takes effect Takes effect upon the independently of the death of the donor donors death Made out of donors Made in contemplation pure generosity of his death without the intention to lose the thing or its free disposal in case of survival Title conveyed to the Title conveyed upon donee before the donors death donors death
The title given to a Deed of Donation is NOT the determinative factor which makes the donation inter vivos or mortis causa. Whether a donation is inter vivos or mortis causa depends upon the nature of the disposition made (Reyes vs. Mosqueda, GR No. 45262, July 23, 1990). Art. 729 speaks of donations in praesenti which take effect during the lifetime of the donor but the property shall be delivered only after the donors death. Such donations are inter vivos although the subject matter is not delivered at once, or the delivery is to be made post mortem, which is a simple matter of form and does not change the nature of the act (Vita vs. Montanano GR No. L-50553, February 19, 1991).
DONATIONS PROHIBITED BY LAW: 1. Made by persons guilty of adultery or concubinage at the time of donation; 2. Made between persons found guilty of the same criminal offense in consideration thereof; 3. Made to a public officer or his/her spouse, descendants or ascendants in consideration of his/her office; 4. Made to the priest who heard the confession of the donor during the latters last illness, or
5.
6. 7.
8.
9.
10.
FORMS OF DONATIONS: 1. Donations of movable property: a. If donation is oral, simultaneous delivery of property donated is required if the value is P5,000.00 or less. Acceptance may be oral or written. b. If donation is in writing, simultaneous delivery of property donated is not required regardless of value. Acceptance may be oral or written. c. If the value exceeds P5,000.00, the donation and acceptance must be in writing. Simultaneous delivery of property donated is not required. 2. Donation of immovable property: a. must be in a public instrument specifying the property donated and the burdens assumed by donee, regardless of value b. acceptance must be either: i. in the same instrument ii. in another public instrument, notified to the donor in authentic form, and noted in both deeds Expression of gratitude to the donor without express acceptance was held a sufficient acceptance (Cuevas vs. Cuevas GR No. L8327, December 14, 1955).
LIMITATIONS ON DONATION OF PROPERTY: 1. Future property cannot be donated. 2. Present property that can be donated: a. if the donor has forced heirs: he cannot give or receive by donation more than what he can give or receive by will; and b. if the donor has no forced heirs: donation may include all present property provided he reserves in full ownership or in usufruct:
70
requires inaction of the owner or neglect of one with a right to bring his action applies to all kinds of rights, whether real or personal produces the extinction of rights or bars a right of action results in the loss of a real or personal right, or bars the cause of action to enforce said right
should be affirmatively pleaded and proved to bar the action or claim of the adverse party
LACHES failure or neglect for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, one could or should have done earlier. PERSONS AGAINST WHOM PRESCRIPTION RUNS: 1. Minors and other incapacitated persons who have parents, guardians or other legal representatives 2. Absentees who have administrators 3. Persons living abroad who have managers or administrators 4. Juridical persons, except the state and its subdivision PERSONS AGAINST WHOM PRESCRIPTION DOES NOT RUN: 1. Between husband and wife, even though there be separation of property agreed upon in the marriage settlements or by judicial decree. 2. Between parents and children, during the minority or insanity of the latter 3. Between guardian and ward during the continuance of the guardianship
Rules on Computation of Period: 1. The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor. 2. It is presumed that the present possessor who was also the possessor at a previous time, has continued to be in possession during the intervening time, unless there is proof to the contrary. 3. The first day shall be excluded and the last day included.
72