2 property

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PROPERTY

PROPERTY

All things which are, or may be the object ofappropriation

Requisites: (USA)1. utility2. substantivity or individuality3. appropriability

I.A. IMMOVABLE PROPERTIES1. land, buildings, roads and constructions of all

kinds adhered to the soil;

2. trees, plants and growing fruits, while they areattached to the land or form an integral part ofan immovable;

3. everything attached to an immovable in a fixedmanner in such a way that it cannot beseparated therefrom without breaking thematerial or deterioration of the object;

4. statues, reliefs, paintings or other objects foruse or ornamentation, placed in buildings or onlands by the owner of the immovable in such amanner that it reveals the intention to attachthem permanently to the tenements;

5. machinery, receptacles, instruments or

implements intended by the owner of thetenement for an industry or works which maybe carried on in a building or on a piece ofland, and which tend directly to meet theneeds of the said industry or works;Requisites:a. made by ownerb. industry or works carried on building or on

landc. machines, etc must tend directly to meet

needs of the industry or worksd. machines, etc. must be essential and

principal elements of the industry.

6. animal houses, pigeon-houses,7. beehives, fishponds or breeding places of

similar nature, in case their owner has placedor preserved them, with the intention to havethem permanently attached to the land, andforming a permanent part of it; the animals inthose places are included;

8. fertilizer actually used on a piece of land;9. mines, quarries and slag dumps, while the

matter thereof forms part of the bed, andwaters either running or stagnant;

10. docks and structures which, though floating,are intended by their nature and object to

remain at a fixed place on a river, lake orcoast; and

11. contracts for public works, and servitudes andother real rights over immovable property

Categories: (NIDA)1. Real by nature it cannot be carried from

place to place (pars. 1 & 8, Art. 415, CivilCode)

2. Real by incorporation attached to animmovable in a fixed manner to be anintegral part thereof (pars. 1-3 Art. 415,Civil Code)

3. Real by destination placed in a nimmovable for the utility it gives to theactivity carried thereon (pars. 4-7 and 9Art. 415, Civil Code)

4. By analogy it is so classified by expressprovision of law (par. 10, Art. 415, CivilCode)

B.MOVABLE PROPERTIES

1. those movables susceptible of appropriationwhich are not included in the preceding article;

2. real property which by any special provision of

law is considered as personalty;3. forces of nature which are brought under

control of science;4. in general, all things which can be transported

from place to place without impairment of thereal property to which they are fixed;

5. obligations and actions which have for theirobject movables or demandable sums; and

6. shares of stock of agricultural, commercial andindustrial entities, although they have realestate.

TESTS:

a) By exclusion: movables are everything notincluded in Art. 415.

b) By description: an object is movable if itpossesses:1) Ability to change location2) Without substantial injury to the

immovable to which it is attached.

Important Doctrines/principles on immovable andmovable properties:a) A Building is an immovable even if not erected

by the owner of the land. The only criterion isunion or incorporation with the soil. (Ladera


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vs. Hodges, 48 O.G. 4374).b) Parties to a contract may by agreement treat as

personal properties that which by nature wouldbe real property; and it is a familiar

phenomenon to see things classes as realproperty for purposes of taxation which ongeneral principle might be considered personalproperty (Standard Oil Co. vs. Jaranillo, 44 Phil631).

c) For purposes of attachment and execution andfor purposes of the Chattel Mortgage Law,ungathered products have the nature ofpersonal property. (Sibal vs. Valdez, 50 Phil,512).

d) The human body, whether alive or dead, isneither real nor personal property, for it is noteven property at all, in that it generally cannot

be appropriated. Under certain conditions, thebody of a person or parts thereof may besubject matter of a transaction. (See RA No.349, RA No. 7170, RA No. 7719).

e) What is the effect of temporary separation ofmovables from the immovables to which theyhave been attached?2 Views:1) They continue to be regarded as

immovables.2) Fact of separation determines the

condition of the objects thus recoveringtheir condition as movables.

* the latter view is supported by Paras andTolentino who maintains that the failure of thecodifiers to reproduce the provision of thepartidas on the matter is an indication thatthey did not intend the rule to continue.

f) A building that is to be sold or mortgaged andwhich would be immediately demolished may beconsidered personal property and the sale ormortgage thereof would be a sale of chattel, or achattel mortgage respectively, for the true objectof the contract would be the materials.

II.A. PROPERTY OF PUBLIC DOMINION

Concept: It is not owned by the state butpertains to the state, which, as territorialsovereign exercises certain juridicalprerogatives over such property. Theownership of such properties is in the socialgroup, whether national, provincial ormunicipal.

Purpose: To serve the citizens and not thestate as a juridical person.

Kinds:1. Those intended for public use

2. Those which are not for public use but

intended for public service3. Those intended for the development of the

national wealth

CHARACTERISTICS:

1. Outside the commerce of man2. Inalienable. But when no longer needed for

public use or service, may be declaredpatrimonial property. In Laurel vs. Garcia(187 SCRA 797), the Supreme Court heldthat whether or not the Roppongi andrelated properties will eventually be sold isa policy determination where both thePresident and Congress must concur.

3. Cannot be acquired by prescription4. Not subject to attachment or execution5. Cannot be burdened with easements

NOTE: They cannot be registered under the landregistration law and be the subject of a Torrenstitle. The character of public property is notaffected by possession or even a Torrens Title infavor of private persons. (Palanca vs.Commonwealth, 69 Phil. 449).

B. PATRIMONIAL PROPERTY OF THE STATE

Property of the State owned by it in its privateor proprietary capacity.

the state has the same rights over this kind ofproperty as a private individual in relation tohis own private property

C. PROPERTY OF LOCAL GOVERNMENT UNITS(LGUs)1. Property for public use consist of roads,

streets, squares, fountains, public waters,promenades and public works for public servicepaid for by the LGUs

2. Patrimonial Property all other propertypossessed by LGUs without prejudice toprovisions of special laws

NOTE: In the case of Province of Zamboanga DelNorte vs. City of Zamboanga, the Supreme Courtcategorically stated that this court is not inclinedto hold that municipal property held and devotedto public service is in the same category as ordinaryprivate property. The classification of municipalproperty devoted for distinctly governmentalpurposes as public should prevail over the CivilCode in this particular case. Here, the Law ofMunicipal Corporations was considered as a speciallaw in the context of Article 424 of the NCC.

D. PROPERTY OF PRIVATE OWNERSHIP

refers to all property belonging to private


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persons either individually or collectively andthose belonging to the State and any of itspolitical subdivisions which are patrimonial innature

Muebles or furniture generally has for itsprincipal object the furnishing or ornamentingof a building. Note that there are exceptionsto this definition and are generally not includedas furniture unless the law or the individualsdeclaration include them.

OWNERSHIP

The right to enjoy, dispose, and recover a thingwithout further limitations than thoseestablished by law or the will of the owner.

Rights included:

1. Right to enjoy: (PUFA)a) to possess (jus possidendi)b) to use (jus utendi)c) to the fruits (jus fruendi) and

accessionsd) to abuse (jus abutendi)

2. Right to dispose: (DATE)a) to destroyb) to alienatec) to transformd) to encumber

3. Right to vindicate: (RP)a) pursuitb) recovery

4. Right to exclude: (ER)a) to enclose, fence and delimitb) to repel intrusions even with force

Characteristics: (EGEIP)1. Ownership is Elastic power/s may be reduced

and thereafter automatically recovered uponthe cessation of the limiting rights.

2. G eneral the right to make use of all thepossibilities or utility of the thing owned,except those attached to other real rights

existing thereon.3. E xclusive there can only be one ownershipover a thing at a time. There may be two ormore owners but ONLY ONE ownership.

4. Independence It exists without necessity ofany other right

5. P erpetuity ownership lasts as long as thething exists. It cannot be extinguished by nonuser but only by adverse possession.

Limitations:1. General limitations imposed by the State for its

benefit2. Specific limitations imposed by law

3. Limitations imposed by the party transmitting

the property either by contract or by will4. Limitations imposed by the owner himself5. Inherent limitations arising from conflict with

other rights

De Facto case of Eminent Domain

expropriation resulting from the actions ofnature as in one case where land becomes partof one sea. The owner loses his property infavor of the state without any compensation.

Principle of Self-Help

right of the owner or lawful possessor toexclude any person from the enjoyment anddisposal of the property by the use of suchforce as may be necessary to repel or preventactual or threatened unlawful physical invasion

or usurpation of his property. Requisites: (RONA)1. reasonable force2. owner or lawful possessor is the person who

will exercise3. no delay in ones exercise4. actual or threatened physical invasion or

usurpation

GENERAL RULE: A person cannot interfere withthe right of ownership of another.

EXCEPTION:Doctrine of Incomplete Privilegeor

State of Necessity (Article 432) Requisites: (ID)1. Interference necessary2. Damage to another much greater than

damage to property

LEGAL REMEDIES TO RECOVER POSSESSION OFONES PROPERTY1. Personal property: Replevin

REPLEVIN - remedy when the complaint praysfor the recovery of the possession of personalproperty.

2. Real Property:a. ACCION INTERDICTAL

Nature: summary action to recover physicalor material possession only. It consists ofthe summary actions of:1. Forcible entry

Action for recovery of materialpossession of real property when aperson originally in possession wasdeprived thereof by force, intimidation,strategy, threat or stealth

2. Unlawful Detainer

Action for recovery of possession of any


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land or building by landlord, vendor,vendee, or other person against whomthe possession of the same wasunlawfully withheld after the expiration

or termination of the right to holdpossession, by virtue of any contract.

Forcible Entry UnlawfulDetainer

As to when possession became unlawful

Possession of thedefendant isunlawful from thebeginning as heacquirespossession byForce,intimidation,

strategy, threator stealth

Possession isinceptively lawfulbut becomes illegalfrom the timedefendantunlawfullywithholdspossession after

the expiration ortermination of hisright thereto.

As to the necessity of demand

No previousdemand for thedefendant tovacate isnecessary

Demand isjurisdictional if theground is non-payment of rentalsor failure tocomply with thelease contract

As to necessity of proof of priorphysical possession

Plaintiff mustprove that he wasin prior physicalpossession of thepremises until hewas deprivedthereof by thedefendant

Plaintiff need nothave been in priorphysical possession

As to when the 1 year period is countedfrom

1 year period isgenerally countedfrom the date ofactual entry on

the land

1 year period iscounted from thedate of lastdemand or last

letter of demand

b. ACCION PUBLICIANA

Nature: Ordinary civil proceeding torecover the better right of possession,except in cases of forcible entry andunlawful detainer. The involved is notpossession de facto but possession de jure.

c. ACCION REIVINDICATORIA

Nature: action to recover real propertybased on ownership. Here, the object is

the recovery of the dominion over the

property as owner.

Requisites:1. Identity of the Property2. Plaintiffs title to the property

Surface Rights

The owner of parcel of land is the owner of itssurface and everything under it.

The economic utility which such space orsubsoil offers to the owner of the surface setsthe limit of the owners right to the same.

HIDDEN TREASURE

Definition: any hidden or unknown deposit ofmoney, jewelry or other precious objects, thelawful ownership of which does not appear.

GENERAL RULE: It belongs to the owner of theland, building or other property on which it isfound.

EXCEPTIONS: The finder is entitled to provided:

1. Discovery was made on the property ofanother, or of the state or any of itspolitical subdivisions;

2. The finding was made by chance;3. The finder is not a co-owner of the property

where it is found;4. The finder is not a trespasser;5. The finder is not an agent of the landowner;

6. The finder is not married under the absolutecommunity or the conjugal partnershipsystem (otherwise his share belongs to thecommunity).

ACCESSION

The right by virtue of which the owner of athing becomes the owner of everything that itmay produce or which may be inseparablyunited or incorporated thereto, either naturallyor artificially.

Classifications:

1. Accession Discreta the right pertaining to theowner of a thing over everything produced thereby

Kinds of Fruitsa. natural fruits spontaneous products of the

soil and the young and other products ofanimals

b. industrial fruits those produced by landsof any kind through cultivation or labor

c. civil fruits rents of buildings, price ofleases or lands and the amount of perpetualor life annuities or other similar income


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GENERAL RULE: To the owner belongs the

natural, industrial, and civil fruits.

EXCEPTIONS: If the thing is: (PULA)a) in possession of a possessor in good faith;

b) subject to a usufruct;c) leased or pledged; ord) in possession of an antichretic creditor

2. Accession Continua the right pertaining to theowner of a thing over everything that isincorporated or attached thereto either naturallyor artificially; by external forces.

a. With respect to real propertyi. accession industrial

building, planting or sowingii. accession natural

alluvium, avulsion, change of rivercourse, and formation of islands

b. With respect to personal propertyi. adjunction or conjuctionii. commixtion or confusioniii specification

Basic Principles: (GONE BAD)

1. He who is in good faith may be held responsiblebut will not be penalized.

2. To the owner of a thing belongs the extensionor increase of such thing.

3. Bad faith of one party neutralizes the bad faith

of the other.4. There should be no unjust enrichment at the

expense of others.

5. Bad faith involves liability for damages.6. Accessory follows the principal.7. Accession exists only if the incorporation is

such that separation would either seriouslydamage the thing or diminish its value.

Right of Accession with respect to ImmovablePropertyNOTE: See TABLES

Important Doctrines/Principles:a) Under Art 448, the landowner may not refuse

both to pay for the building and to sell the landand instead seek to compel the owner of thebuilding to remove the building from the land.He is entitled to such removal ONLY when,after having chosen to sell the land, the otherparty fails to pay for said land. (Ignacio vs.Hilario, 76 Phil. 605)

b) Should no other arrangement be agreed upon,the owner of the land does not automaticallybecome the owner of the improvement.

(Filipinas Colleges, Inc. vs. Timbang, 106 Phil.

247)c) Article 448 is not applicable where a person

constructs a house on his own land and thensells the land, not the building. (Coleongco vs.

Regalado, 27 Phil 387)d) Article 448 does not apply to cases which are

governed by other provisions of law such as co-ownership, usufruct, agency, lease.

e) The provision on indemnity in Art. 448 may beapplied by analogy considering that the primaryintent of the law is to avoid a state of forcedco-ownership especially where the parties inthe main agree that Articles 448 and 546 areapplicable and indemnity for the improvementsmay be paid although they differ as to the basisof the indemnity. (Pecson vs. CA 244 SCRA407).

ACCESSION NATURAL1. Alluvion or alluvium increment which lands

abutting rivers gradually receive as a result ofthe current of the waters.

Concept: it is the gradual deposit ofsediment by the natural action of a currentof fresh water (not sea water, the originalidentity of the deposit being lost.

Requisites:a)the deposit be gradual and imperceptibleb) that it be made through the effects of the

current of the waterc)that the land where accretion takes place is

adjacent to the banks of the river.NOTES:

The owners of the lands adjoining the banks of

the river (riparian lands) shall own theaccretion which they gradually receive.

Accretion operates ipso jure. However, the

additional area is not covered by a Torrens titleand the riparian owner must register theadditional area.

Doctrines:a) Where the deposit is by sea water, it

belongs to the stateb) A gradual change of bed is also governed by

the rules of alluvium (Canas vs. Tuason 5Phil. 689)

2. Avulsion the transfer of a known portion ofland from one tenement to another by theforce of the current. The portion of land mustbe such that it can be identified as coming froma definite tenement.


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Requisites:a) The segregation and transfer must be

caused by the current of a river, creek ortorrent.

b) The segregation and transfer must besudden or abrupt

c) The portion of land transported must beknown or identified

NOTES:

The owner must remove the transported

portion within two years to retain ownership

In case of uprooted trees, the owner retainsownership if he makes a claim within 6 months.This refers only to uprooted trees and does notinclude trees which remain planted on a known

portion of land carried by the force of thewaters. In this latter case, the trees areregarded as accessions of the land throughgradual changes in the course of adjoiningstream. (Payatas vs. Tuazon)

Registration under the Torrens system does not

protect the riparian owner against diminutionof the area of his land through gradual changesin the course of adjoining stream (Payatas vs.Tuazon).

Alluvium Avulsion1. gradual and

imperceptible

1. sudden or

abrupt process2. soil cannot beidentified

2. identifiable andverifiable

3. belongs to theowner of theproperty to whichit is attached

3. belongs to theowner from whoseproperty it wasdetached

4. merely anattach-ment

4. detachment fol-lowed byattachment

3. Change of course of rivers

Requisites:

a) There must be a natural change in thecourse of the waters of the river

b) The change must be abrupt or suddenNOTES:

Once the river bed has been abandoned, theowners of the invaded land become owners ofthe abandoned bed to the extent provided bythis article. No positive act is needed on theirpart, as it is subject thereto ipso jure from themoment the mode of acquisition becomesevident.

It does not apply to cases where the river

simply dries up because there are no persons

whose lands are occupied by the waters of theriver.

4. Formation of Islands

RULES ON OWNERSHIPa. If formed by the sea:

1) within territorial waters - State2) outside territorial waters to the first

occupantb. If formed in lakes, or navigable or floatable

rivers - Statec. If formed on non-navigable or non-floatable

rivers:1) if nearer to one margin or bank to the

nearer reparian owner2) if equidistant from both banks- to the

reparian owners, by halves.

NOTE: There is no accession when islands areformed by the branching of a river; the ownerretains ownership of the isolated piece of land.

Right of Accession with respect to movableproperty

Basic Principle: Accession exists only ifseparation is not feasible. Otherwise,separation may be demanded.

KINDS (accession continua as to movables):1. Adjunction

the union of two things belonging todifferent owners, in such a manner thatthey cannot be separated without injury,thereby forming a single object.

Requisitesa) the two things must belong to different

ownersb) that they form a single object, or that

their separation would impair their nature

Kinds:a. inclusion or engraftmentb. soldadura or solderingc. escritura or writing

d. pintura or paintinge. tejido or weaving

Tests to determine principal:a. the rule of importance and purposeb. that of greater valuec. that of greater volumed. that of greater merits

Rules:a) Adjunction in good faith by either owner:GENERAL RULE: accessory follows theprincipal.EXCEPTIONS if the accessory is much more

precious than the principal, the owner of the


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accessory may demand the separation even ifthe principal suffers some injury

b) Adjunction in bad faith by the owner of theprincipal

option of the owner of the accessory:i) to recover the value plus damagesii) to demand separation plus damages

c) Adjunction in bad faith by the owner of theaccessoryi) he loses the accessoryii) he is liable for damages

When separation of things allowed:a. separation without injuryb. accessory is more precious than the

principalc. owner of the principal acted in bad

faith2. Mixture

Union of materials where the componentslose their identity.

Kinds:a. Commixtion mixture of solidsb. Confusion mixture of liquids

Rules:a. By the will of both owners or by accident:

each owner acquires an interest inproportion to the value of his material

b. By one owner in good faith: apply rule(a)

c. By one owner in bad faith:i) he loses all his rights to his own

materialii) he is liable for damages

3. Specification

It is the transformation of anothers material bythe application of labor. The material becomesa thing of different kind.

Labor is the principal

Rules:a) Owner of the principal (worker) in good

faith:i) maker acquires the new thingii) he must indemnify the owner of the

materialEXCEPTION: if the material is morevaluable than the resulting thing, theowner of the material has the option:1) to acquire the work, indemnifying for

the labor, or2) to demand indemnity for the material

b) owner of the principal (worker) in badfaith: the owner of the material has the

option:

i) to acquire the result without indemnityii) to demand indemnity for the material

plus damagesc) Owner of the material in bad faith

i) he loses the materialii) he is liable for damages

Adjunction Mixture Specification1. Involvesat least 2things

Involves atleast 2things

May involveone thing (ormore) butform ischanged

2. Accessoryfollows theprincipal

Co-ownershipresults

Accessoryfollows theprincipal

3. Things

joined retaintheir nature

Things

mixed orconfusedmay eitherretain orlose theirrespectivenatures

The new

object retainsor preservesthe nature ofthe originalobject.

QUIETING OF TITLE

It is an equitable action in rem to determinethe condition of the ownership or the rights toimmovable property, and remove doubtsthereon.

Requisites:1. plaintiff must have a legal or equitable title to,

or interest in the real property which is thesubject 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 proceedingwhich is apparently valid but is in truth invalid,ineffective, voidable or unenforceable, and isprejudicial to the plaintiffs title; and

4. plaintiff must return to the defendant allbenefits he may have received from the latter,or reimburse him for expenses that may haveredounded to his benefit.

Prescriptive Period:1. plaintiff in possession imprescriptible2. plaintiff not in possession 10 (ordinary) or 30

years (extraordinary)

Action to quiettitle

Action toremove acloud on

title PURPOSE

to put an end to to remove a


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troublesomelitigation inrespect to theproperty involved

possible foundationfor a future hostileclaim

NATURE OF THE ACTION

remedial actioninvolving a presentadverse claim

Preventive actionto prevent a futurecloud on the title

The action to quiet title does not apply:a) to questions involving interpretation of

documentsb) to mere written or oral assertions of claims;

EXCEPT:i) if made in a legal proceedingii) if it is being asserted that the

instrument or entry in plaintiffs favoris not what it purports to be

c) to boundary disputesd) to deeds by strangers to the title UNLESS

purporting to convey the property of theplaintiff

e) to instruments invalid on their facef) where the validity of the instrument

involves pure questions of law

Ruinous Buildings and Trees in Danger of Falling:

As to buildings the owners is obliged to

demolish or execute necessary work to preventthe building from falling. Should he fail to doso, the authorities shall order its demolition atthe expense of the owner, or take measures toinsure public safety.

The complainant must show that his property isadjacent to the dangerous construction, ormust have to pass by necessity in theimmediate vicinity.

The owner is responsible for damages to othersdue to lack of necessary repairs. However, ifthe damage is caused by defects in the

construction, then the builder is responsible forthe damages.

CO-OWNERSHIP

Definition: the right of common dominionwhich two or more persons have in a spiritualpart of a thing which is not physically divided.

Concept: co-ownership exists where theownership of a thing physically undividedpertains to more than one person.

Characteristics:a)plurality of subjects (the co-owners)b) there is a single object which is not

materially dividedc)there is no mutual representation by the co-

ownersd) it exist for the common enjoyment of the

co-ownerse) it has no distinct legal personalityf) it is governed first of all by the contract of

the parties; otherwise, by special legalprovisions, and in default of suchprovisions, by the provisions of Title III onco-ownership

Sources:

1. Law2. Contract3. Chance4. Occupation5. Succession6. Testamentary disposition or donation inter

vivos

Co-ownership Partnership1. Can be createdwithout theformalities of acontract

1. Can be createdonly by contract,express or implied

2. Has no juridical orlegal personality

2. Has juridicalpersonality distinctfrom the partners

3. Purpose iscollective enjoymentof the thing

3. Purpose is toobtain profits

4. Co-owner candispose of his shareswithout the consentof the others withthetransfereeautomaticallybecoming a co-owner

4. A partner, unlessauthorized cannotdispose of his shareand substituteanother as a partnerin his place

5. There is no mutualrepresentation

5. A partner cangenerally bind thepartnership

6. Distribution ofprofits must beproportional to therespective interestsof the co-owners

6. Distribution ofprofits is subject tothe stipulation of theparties

7. A co-ownership isnot dissolved by thedeath or incapacityof a co-owner

7. Death orincapacity dissolvesthe partnership

8. no publicinstrument needed

8. May be made inany form except


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even if real propertyis the object of theco-ownership

when real property iscontributed

9. An agreement tokeep the thingundivided for aperiod of more than10 years is void

9. There may beagreement as to adefinite term withoutlimit set by law

Rules:1. Rights of each co-owner as to the thing

owned in common: USBRAP-LDPa) To use the thing owned in common

Limitations:i) use according to the purpose for which it

was intendedii) interest of the co-ownership must not be

prejudicediii) other co-owners must not be prevented

from using it according to their ownrights

b) To share in the benefits and charges inproportion to the interest of each.

NOTE: Any stipulation to the contrary is void.c) To the benefits of prescription: prescription

by one co-owner benefits all.d) Repairs and taxes: to compel the others to

share in the expenses of preservation evenif incurred without prior notice.

NOTE: The co-owner being compelled may

exempt himself from the payment of taxes andexpenses by renouncing his share equivalent tosuch taxes and expenses. The value of theproperty at the time of the renunciation will bethe basis of the portion to be renounced.e) Alterations: to oppose alterations made

without the consent of all, even ifbeneficial.

NOTES:

Alteration is an act by virtue of which a co-

owner changes the thing from the state inwhich the others believe it should remain,or withdraws it from the use to which they

desire it to be intended. Expenses to improve or embellish are

decided by the majorityf) To protest against seriously prejudicial

decisions of the majorityg) Legal redemption: to be exercised within

30 days from written notice of sale of anundivided share of another co-owner to astranger

h) To defend the co-ownerships interest incourt

i) To demand partition at any time

Partition is the division between 2 or

more persons of real or personal propertywhich they own in common so that eachmay enjoy and possess his sole estate tothe exclusion of and without interference

from othersGENERAL RULE: Partition is demandable

by any of the co-owners as a matter of rightat any time.EXCEPTIONS:1) When there is a stipulation against it;

but not to exceed 10 years.2) When the condition of indivision is

imposed by the donor or testator; butnot to exceed 20 years.

3) When the legal nature of thecommunity prevents partition.

4) When partition would render the thing

unserviceable.5) When partition is prohibited by law6) When another co-owner has possessed

the property as exclusive owner for aperiod sufficient to acquire it byprescription.

2. The following questions are governed by themajority of interests:a) Management

Minority may appeal to the court againstthe majoritys decision if the same isseriously prejudicial.

b) Enjoymentc) Improvement or embellishment

3. Rights as to the ideal share of each co-owner:a) Each has full ownership of his part and of his

share of the fruits and benefitsb) Right to substitute another person its

enjoyment, EXCEPT when personal rights areinvolved

c) Right to alienate, dispose or encumberd) Right to renounce part of his interest to

reimburse necessary expenses incurred byanother co-owner

e) Transactions entered into by each co-owneronly affect his ideal share.

EXTINGUISHMENT OF CO-OWNERSHIP (CALSTEP)1. consolidation or merger in one co-owner2. acquisitive prescription in favor of a third

person or a co-owner who repudiates the co-ownership

3. loss or destruction of property co-owned4. sale of property co-owned5. termination of period agreed upon by the co-

owners6. expropriation

7. judicial or extra-judicial partition


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CONDOMINIUM ACT (R.A. NO. 4726)CONDOMINIUM

an interest in real property consisting of a

separate interest in a unit in a residential,industrial or commercial building and anundivided interest in common, directly orindirectly, in the land on which it is locatedand in other common areas of the building.

Any transfer or conveyance of a unit or anapartment, office or store or other spacetherein, shall include transfer or conveyance ofthe undivided interest in the common areas or,in a proper case, the membership orshareholdings in the condominium corporation:provided, however, that where the commonareas in the condominium project are held by

the owners of separate units as co-ownersthereof, no condominium unit therein shall beconveyed or transferred to persons other thanFilipino citizens or corporations at least 60% ofthe capital stock of which belong to Filipinocitizens, except in cases of hereditarysuccession.

GENERAL RULE: Common areas shall remain

undivided, and there shall be no judicial partitionthereof:

EXCEPTIONS:

1. When the project has not been rebuilt orrepaired substantially to its state prior to itsdamage or destruction 3 years after damage ordestruction which rendered a material partthereof unfit for use;

2. When damage or destruction has rendered ormore of the units untenantable and that thecondominium owners holding more than 30%interest in the common areas are opposed torestoration of the projects;

3. When the project has been in existence formore than 50 years, that it is obsolete anduneconomic, and the condominium owners

holding in aggregate more than 50% interest inthe common areas are opposed to restoration,remodeling or modernizing;

4. When the project or a material part thereof hasbeen condemned or expropriated and theproject is no longer viable, or that thecondominium owners holding in aggregate morethan 70% interest in the common areas areopposed to the continuation of thecondominium regime;

5. When conditions for partition by sale set forthin the declaration of restrictions duly registeredhave been met.

WATERS

Classificationa) Waters public per se (water is the principal;

the bed follows the character of the water(See Arts. 502 [1] and 502 [2])

b) Waters public or private according to theirbed (water is accessory to bed)

c) Waters public by special provision

POSSESSION

Concept: the material holding or control of athing or the enjoyment of a right.

Requisites:1. occupancy, apprehension, or taking2. deliberate intention to possess

3. by virtue of ones own right

Degrees:1. possession without any title whatsoever2. possession with juridical title3. possession with just title sufficient to transfer

ownership4. possession with a title in fee simple

Classes:a) In ones own name where possessor claims the

thing for himself

b) In the name of another for whom the thing isheld by the possessorc) In the concept of owner possessor of the thing

or right , by his actions, is considered or isbelieved by other people as the owner,regardless of the good or bad faith of thepossessor

d) In the concept of holder possessor holds itmerely to keep or enjoy it, the ownershippertaining to another person; possessoracknowledges in another a superior right whichhe believes to be ownership.

NOTE: None of these holders assert a claim of

ownership in himself over the thing but they maybe considered as possessors in the concept ofowner, or under claim of ownership, with respectto the right they respectively exercise over thething.e) In good faith possessor is not aware that there

is in his title or mode of acquisition a defectthat invalidates it

Requisites:1. Ostensible title or mode of acquisition2. Vice or defect in the title3. Possessor is ignorant of the vice or

defect and must have an honest belief


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that the thing belongs to himNOTE: Gross and inexcusable ignorance of the lawmay not be the basis of good faith, but possible,excusable ignorance may be such basis. (Kasilag vs

Roque, 69 PHIL 217)f) In bad faith possessor is aware of the

invalidating defect in his own title.NOTES:

Only personal knowledge of the flaw in ones

title or mode of acquisition can make him apossessor in bad faith. It is not transmissibleeven to an heir.

Possession in good faith ceases from themoment defects in his title are made known tothe possessor. This interruption of good faithmay take place at the date of summons or thatof the answer if the date of summons does notappear. However, there is a contrary view thatthe date of summons may be insufficient toconvince the possessor that his title isdefective.

Presumptions in favor of possessor:1. of good faith2. of continuity of initial good faith3. of enjoyment in the same character in which

possession was acquired until the contrary isproved

4. of non-interruption in favor of the present

possessor5. of continuous possession by the one who

recovers possession of which he was wrongfullydeprived

6. of extension of possession of real property toall movables contained therein

Object of possession:GENERAL RULE: All things and rights susceptibleof being appropriatedEXCEPTIONS:1. Res communes2. Property of public dominion

3. Discontinuous servitudes4. Non-apparent servitudes

Acquisition of possession:

Manner1. Material occupancy of the thing2. Subjection to the action of our will3. Proper acts and legal formalities established for

acquiring such right.Conflicts between several claimants:GENERAL RULE: Possession cannot be recognizedin two different personalities except in case of co-possession when there is no conflict

Criteria in case of dispute:

1. present/actual possessor shall be preferred2. if there are two possessors, the one longer in

possession

3. if the dates of possession are the same, the onewith a title

4. if all the above are equal, the fact ofpossession shall be judicially determined, andin the meantime, the thing shall be placed injudicial deposit

Subject Possessor ingood faith

Possessorin badfaith

a. Fruitsgathered

a. to possessor a. to owner

b.

CultivationExpenses ofgatheredfruits

b. not

reimbursed topossessor

b.

reimbursedto possessor

c. Fruitspendingandcharges

c. proratedaccording totime

c. to owner

d.Productionexpenses ofpendingfruits

d. indemnitypro rata topossessor(ownersoption)

i. in money,

orii. byallowing fullcultivationandgathering ofall fruits

d. noindemnity

e.Necessaryexpenses

e. reimbursedto possessor;retention

e.reimbursedtopossessor;noretention

f.. Useful

expenses

f. reimbursed

to possessor(ownersoption)i. initial costii. plus value

may removeif noreimburse-ment, and nodamage iscaused to theprincipal bythe removal

f. no

reimbursement

g. g. reimburse- g. owners


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Ornamen-talexpenses

ment atownersoption:

i. removal ifno injury, or

ii. costwithoutremoval

option:i.

removal, orii. value

at time ofrecovery

h. Taxesandcharges

i. oncapital

ii. onfruits

iii.charges

h. taxes andcharges

i. charged toowner

ii. charged topossessoriii. prorated

h. taxesand charges

i. chargedto owner

ii. chargedto owner

iii. toowner

i. Improve-ments nolongerexisting

i. noreimburse-ment

i. noreimburse-ment

j. Liabilityforaccidentalloss ordeterioration

j. only if acting withfraudulentintent ornegligence,after summons

j. liable inevery case

k.Improve-ments due

to time ornature

k. to owneror lawfulpossessor

k. toowner orlawful

possessor

Possession of movables

Possession of movables in good faith isequivalent to title.

Requisites:a) possession is in good faithb) the owner has voluntarily parted with the

possession of the thingc) possessor is in the concept of owner

One who has lost or has been unlawfullydeprived of it , may recover it from

whomsoever possesses it, ordinarily,without reimbursement.

Doctrines:a) owner of the thing must prove (1) ownership

of the thing and (2) loss or unlawfuldeprivation; or bad faith of the possessor

b) Where the owner acts negligently or voluntarilyparts with the thing owned, he cannot recoverit from the possessor

c) The owner may recover the movable in case ofloss or involuntary deprivation; but must

reimburse the price paid if possessor acquiredthe thing in good faith and at a public sale.

Loss of possession:

1. By the will of the possessora) Abandonmentb) Transfer or conveyance

2. Against the will of the possessora) Eminent domainb) Acquisitive prescriptionc) Judicial decree in favor of better rightd) Possession of another for more than one

yearNOTE: this refers to possession de facto wherethe possessor loses the right to a summaryaction; but he may still bring action publicianaor reivindicatoria

e) By reason of the objecti. destruction or total loss of the thingsii. withdrawal from commerce

USUFRUCT

gives a right to enjoy the property of anotherwith the obligation of preserving its form andsubstance, unless the title constituting it or thelaw otherwise provides.

Characteristics:a. Real rightb. Of temporary durationc. To derive all advantages from the thing due

to normal exploitationd. may be constituted on real or personal

property, consumable or non-consumable,tangible or intangible, the ownership ofwhich is vested in another

e. transmissible

GENERAL RULE: Usufructuary is bound topreserve the form and substance of the thing inusufruct.EXCEPTION: Abnormal usufruct whereby the lawor the will of the parties may allow themodification of the substance of the thing.

Usufruct Lease1. Always a realright

1.Generally apersonal right

2. Person creatingthe usufruct shouldbe the owner or hisduly authorizedagent

2. Lessor may notbe the owner

3. May be createdby law, by contract,by will of thetestator, or by

prescription

3.Generally createdby contract


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4. As a rule,usufruct covers allthe fruits and allthe uses andbenefits of the

entire property

4.Lease generallyrefers to uses only

5. Involves a moreor less passiveowner who allowsthe usufructuary toenjoy the objectgiven in usufruct

5. Lease involves amore active owneror lessor who makesthe lessee to enjoy

6. Pays for ordinaryrepairs and taxes onthe fruits

6.Lessee is notgenerally underobligation toundertake repairs orpay taxes

Special Usufructsa) of pension or income (Art 570)b) of property owned in common (Art. 582)c) of cattle (livestock) (Art. 591)d) on vineyards and woodlands (Art. 575-576)e) on a right of action (Art. 578)f) on mortgaged property (Art. 600)g) over the entire patrimony (Art. 598)h) over things which gradually deteriorate (Art.

573)i) of consumable property (Art 574)

Rights of the Usufructuary

1. As to the thing and its fruitsa. To receive and benefit from the fruitsb. To enjoy any increase through accessions

and servitudesc. To the half of the hidden treasure he

accidentally findsd. To lease the thing, generally, for the same

or shorter period as the usufruct.e. To improve the thing without altering its

form and substancef. Right to set-off the improvements he may

have made on the property against anydamage to the same

g. To retain the thing until he is reimbursedfor advances for extraordinary expensesand taxes on the capital

h. To collect reimbursements from the ownerfor indispensable extraordinary repairs,taxes on the capital he advanced, anddamages caused to him.

i. To remove improvements made by him ifthe same will not injure the property

2. As to the usufruct itselfa. To mortgage the right of usufruct except

parental usufructb. To alienate the usufruct

Obligations of the usufructuary:1. Before exercising the usufruct:

a. To make an inventory of the property

b. To give a bond, EXCEPT1) when no prejudice would result2) when the usufruct is reserved by the

donor or parents3) in cases ofcaucion juratoria where the

usufructuary, being unable to file therequired bond or security, files averified petition in the proper courtasking for the delivery of the house andfurniture necessary for himself and hisfamily without any bond or security.

takes an oath to take care of thethings and restore them

property cannot be alienated orencumbered or leased because thiswould mean that the usufructuarydoes not need it.

NOTE: Effects of failure to post bond:1. owner shall have the following options:

a. receivership of realty, sale of movables, deposit of securities, orinvestment of money; OR

b. retention of the property asadministrator

2. the net product shall be delivered to the

usufructuary3. usufructuary cannot collect credits due or

make investments of the capital withoutthe consent of the owner or of the courtuntil the bond is given.

2. During the usufruct:a. To take care of the propertyb. To replace with the young thereof animals

that die or are lost in certain cases whenthe usufruct is constituted on flock or herdof livestock

c. To make ordinary repairsd. To notify the owner of urgent extra-

ordinary repairse. To permit works and improvements by the

naked owner not prejudicial to the usufructf. To pay annual taxes and charges on the

fruitsg. To pay interest on taxes on capital paid by

the naked ownerh. To pay debts when the usufruct is

constituted on the whole patrimonyi. To secure the naked owners or courts

approval to collect credits in certain cases

j. To notify the owner of any prejudicial act


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committed by third personsk. To pay for court expenses and costs

regarding usufruct.

3. At the termination of the usufruct:a. To return the thing in usufruct to the owner

unless there is a right of retentionb. To pay legal interest on the amount spent

by the owner for extraordinary repairs ortaxes on the capital

c. To indemnify the owner for any losses dueto his negligence or of his transferees

Extinguishment of Usufruct: (PT2DERM)1. Prescription2. Termination of right of the person constituting

the usufruct

3. Total loss of the thing4. Death of the usufructuary, unless contrary

intention appears5. Expiration of the period or fulfillment of the

resolutory condition6. Renunciation of the usufructuary7. Merger of the usufruct and ownership in the

same person

EASEMENT OR SERVITUDE

Encumbrance imposed upon an immovable forthe benefit of a community or one or morepersons or for the benefit of another

immovable belonging to a different owner.

Concept: it is a real right, constituted on thecorporeal immovable property of another, byvirtue of which the owner of the latter has torefrain from doing or must allow something tobe done on his property, for the benefit ofanother person or tenement.

Characteristics:a) It is a real right but will affect third persons

only when duly registeredb) It is enjoyed over another immovable, never on

ones own propertyc) It involves two neighboring estates (in case of

real easements)d) It is inseparable from the estate to which it is

attached, and, therefore, cannot be alienatedindependently of the estate

e) It is indivisible for it is not affected by thedivision of the estate between two or morepersons

f) It is a right limited by the needs of thedominant owner or estate, without possession

g) It cannot consist in the doing of an act unless

the act is accessory in relation to a real

easementh) It is a limitation on the servient owners rights

of ownership for the benefit of the dominantowner; and, therefore, it is not presumed

Classification:1. As to its exercise:

a)Continuous Easements those the use ofwhich is, or may be, incessant without theintervention of any act of man

b) Discontinuous Easements those which areused at intervals and depend upon the actsof man

2. As to the indication of their existence:a) Apparent Easements those which are

made known and are continually kept in

view by external signs that reveal the useand enjoyment of the same

b) Non-apparent Easements those whichshow no external indication of theirexistence

3. As to duty of servient ownera) Positive the servient owner must allow

something to be done in his property or doit himself. These are called servitudes ofintrusion and or/service

b) Negative the servient owner must refrainfrom doing something which he could

lawfully do if the easement did not exist

Easement Lease1. Real right,whether registeredor not

Real right only whenit is registered, orwhen its subjectmatter is realproperty and theduration exceedsone year

2. Imposed only onreal property

May involve eitherreal or personal

3. There is a limited

right to the use ofreal property ofanother but withoutthe right of possession

Limited right to

both the possessionand use of anothersproperty

Easement Usufruct1. Imposed only onreal property

May involve eitherreal or personalproperty

2. Limited toparticular orspecific use of theservient estate

Includes all the usesand the fruits of theproperty


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3. A non-possessoryright over animmovable

Involves a right ofpossession in animmovable orimmovable

4. Not extinguishedby the death of thedominant owner

Extinguished by thedeath of theusufructuary

Modes of Acquisition: (PDFAT)1. by prescription of 10 years (continuous and

apparent easements)2. by deed of recognition3. by final judgment4. by apparent sign established by the owner

of two adjoining estates5. by title

Dominant Owner Rights

1. To exercise all the rights necessary for theuse of the easement

2. To make on the servient estate all theworks necessary for the use andpreservation of the servitude

3. To renounce the easement if he desires toexempt himself from contribution tonecessary expenses

4. To ask for mandatory injunction to preventimpairment of his use of the easement

Obligations:1. Cannot render the easement or render it

more burdensome2. Notify the servient owner of works

necessary for the use and preservation ofthe servitude

3. Choose the most convenient time andmanner in making the necessary works as tocause the least inconvenience to theservient owner

4. Contribute to the necessary expenses ifthere are several dominant estates

Servient Owner Rights:

1. To retain ownership and possession of theservient estate

2. To make use of the easement, unless thereis agreement to the contrary

3. To change the place or manner of theeasement, provided it be equallyconvenient

Obligations:1. Cannot impair the use of the easement

2. Contribute to the necessary expenses in

case he uses the easement, unless there isan agreement to the contrary

Extinguishment of Easements:

(REMAIN BREW)1. Redemption agreed upon2. Expiration of the term or fulfillment of the

resolutory condition3. Merger of ownership of the dominant and

servient estate4. Annulment of the title to the servitude5. Permanent Impossibility to use the

easement6. Non-user for 10 years

a. discontinuous: counted from theday they ceased to be used

b. continuous: counted from the day

an act adverse to the exercise takesplace

7. Bad condition - when either or both estatesfall into such a condition that the easementcould not be used

8. Resolution of the right to create theservitude, i.e. in case of pacto de retro,when the property is redeemed

9. Expropriation of the servient estate10. Waiver by the dominant owner

EASEMENT FOR WATERING CATTLE

This is really a combined easement for drawing of

water and right of way Requisites:

a) must be imposed for reasons of public useb) must be in favor of a town or villagec) indemnity must be paid

EASEMENT OF AQUEDUCT

The right arising from a forced easement byvirtue of which the owner of an estate whodesires to avail himself of water for the use ofsaid estate may make such waters pass throughthe intermediate estate with the obligation of

indemnifying the owner of the same and alsothe owner of the estate to which the watermay filter or flow.

Character: apparent and continuous

Requisites:a) dominant owner must prove that he has the

capacity to dispose of the waterb) that the water is sufficient for the intended

usec) that the course is most convenient, and

least onerous to the 3rd persond) payment of indemnity

RIGHT OF WAY


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The right granted to the owner of an estatewhich is surrounded by other estates belongingto other persons and without an adequateoutlet to a public highway to demand that he

be allowed a passageway throughout suchneighboring estates after payment of properindemnity

Requisites:1. Claimant must be an owner of enclosed

immovable or one with real right2. There must be no adequate outlet to a

public highway3. Right of way must be absolutely necessary4. Isolation must not be due to the claimants

own act5. Easement must be established at the point

least prejudicial to the servient estate

6. Payment of proper indemnity it is the needs of the dominant property which

ultimately determine the width of the passage,and these needs may vary from time to time(Encarnacion vs. CA, 195 SCRA 72).

Special cause of extinction: the opening of apublic road, or joining the dominant tenementto another with exit on a public road.NOTE: the extinction in NOT automatic. Theremust be a demand for extinction coupled withtender of indemnity by the servient owner.

PARTY WALL

a common wall which separates 2 estates builtby common agreement at the dividing line suchthat it occupies a portion of both estates onequal parts.

Party Wall Co-ownership1. Shares of partiescannot bephysicallysegregated but theycan be physicallyidentified

Shares of the co-owners can bedivided andseparatedphysically butbefore suchdivision, a co-owner

cannot point to anydefinite portion ofthe property asbelonging to him

2. No limitation asto use of the partywall for exclusivebenefit of a party

None of the co-owners may use thecommunity propertyfor his exclusivebenefit

3. Owner may freehimself fromcontributing to thecost of repairs andconstruction of a

party wall by

Partial renunciationis allowed

renouncing all hisrights thereto

Presumptions of existence (juris tantum):

1. in adjoining walls of buildings, up tocommon elevation2. in dividing walls of gardens and yards

(urban)3. in dividing fences, walls and live hedges of

rural tenements4. in ditches or drains between tenements

Rebuttal of presumption:1. title2. by contrary proof:3. by signs contrary to the existence of the

servitude (Arts. 660 & 661)

NOTE: if the signs are contradictory, theycancel each other

Rights of part owners:1. to make use of the wall in proportion to

their respective interests, resting buildingson it or inserting beams up to one-half ofthe walls thickness

2. to increase the height of the walla. at his expenseb. upon payment of proper indemnityc. to acquire half interest in any increase

of thickness or height, paying a

proportionate share in the cost of thework and of the land covered by theincrease

Obligations of each part-owners:1. to contribute proportionately to the repair

and maintenance unless he renounces hispart-ownership

2. if one part owner raises the height of thewall, he must:a. bear the cost of maintenance of the

additions

b. bear the increased expenses ofpreservationc. bear the cost of constructiond. give additional land, if necessary, to

thicken the wall

LIGHT AND VIEW1. Easement of Light (jus luminum) - right to

admit light from the neighboring estate byvirtue of the opening of a window or themaking of certain openings.

Requisites:a. opening must not be greater than 30

centimeters squared, made on the ceiling


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or on the wall; andb. there must be an iron grating

2. Easement of view (jus prospectus) the rightto make openings or windows, to enjoy the

view through the estate of another and thepower to prevent all constructions or workwhich would obstruct such view or make thesame difficult. It necessarily includes easementof light

Restrictions on openings in ones own wall whencontiguous (less than 2m) to anothers tenement:1. it cannot exceed 1 foot sq. (30 cm each side)2. openings must be at the height of the joists,

near the ceiling (Choco vs. Santamaria, 21 Phil132)

3. the abutting owner may:

a. close the openings if the wall becomesa party wall

b. block the light by building or erectinghis own wall unless a servitude isacquired by title or prescription

c. ask for the reduction of the opening tothe proper size

Restrictions as to views1. Direct views: the distance of 2 METERS between

the wall and the boundary must be observed2. Oblique views: (walls perpendicular or at an

angle to the boundary line) must not be less

than 60cm from the boundary line to thenearest edge of the window

NOTE: Any stipulation permitting lesser distances isvoid.

Modes of acquisition1. by title2. by prescription

a. positive counted from the time of theopening of the window, if it is through aparty wall

b. negative counted from the formalprohibition on the servient owner.

NOTE: mere non-observance of distancesprescribed by Art. 670 without formal prohibition,does not give rise to prescriptionVOLUNTARY EASEMENTS

Constituted by the will of the parties or of atestator.

The owner possessing capacity to encumberproperty may constitute voluntary servitude. Ifthere are various owners, ALL must consent;but consent once given is not revocable

Voluntary easements are established in favorof:

1. predial servitudes:

a. for the owner of the dominant estateb. for any other person having any

juridical relation with the dominantestate, if the owner ratifies it.

2. personal servitudes: for anyone capacitatedto accept.

NUISANCE

Any act, omission, establishment, business orcondition of property or anything else which:(ISAHO)1. Injures/endangers the health or safety of

others;2. Shocks, defies or disregards decency or

morality;3. Annoys or offends the senses;4. Hinders or impairs the use of property; or

5. Obstructs or interferes with the freepassage to any public highway or street, orbody of water.

Classes:1. Per se nuisance at all times and under all

circumstances regardless of location andsurrounding.

2. Per accidens nuisance by reason ofcircumstances, location, or surroundings.

3. Public affects the community or aconsiderable number of persons.

4. Private affects only a person or a small

number of persons.Doctrine of Attractive Nuisance:

One who maintains on his premises dangerousinstrumentalities or appliances of a characterlikely to attract children in play and who failsto exercise ordinary care to prevent childrenfrom playing therewith or resorting thereto isliable to a child of tender years who is injuredthereby, even if the child is technically atrespasser in the premises.

Remedies against public nuisance: (PCE)1. Prosecution under the RPC or localordinance

2. Civil Action3. Extrajudicial Abatement

Remedies against private nuisance: (CE)1. Civil Action2. Extrajudicial Abatement

Extrajudicial Abatement

Requisites:1. nuisance must be specially injurious to the

person affected;


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2. no breach of peace or unnecessary injurymust be committed;

3. prior demand;4. prior demand has been rejected;

5. approval by district health officer andassistance of local police; and

6. value of destruction does not exceedP3,000.

THEORY OF MODE AND TITLE

MODE is the specific cause which gives rise tothem, as the result of the presence of a specialcondition of things, of the aptitude and intentof persons, and of compliance with theconditions established by law. This is theproximate cause of the acquisition.

TITLE is the juridical justification for theacquisition or a transfer of ownership or otherreal right. This is the remote cause of theacquisition.

DIFFERENT MODES (and TITLES) of ACQUIRINGOWNERSHIP

Modes ofacquiringownership

Titles ofacquiringownership

A. Original Modes1. Occupation 1. Condition of

being withoutknown owner

2. Work whichincludesIntellectualcreation

2. Creation,discovery orinvention

B. Derivative modes

3. Law 3. Existence of requiredconditions

4. Tradition 4. Contract of theparties

5. Donation 5. Contract of theparties

6. Prescription 6. Possession inthe concept ofowner

7. Succession 7. Death

OCCUPATION

a mode of acquiring ownership by the seizure of

things corporeal which have no owner, with theintention of acquiring them, and according therules laid down by law.

Requisites:1. there must be seizure of a thing2. the thing seized must be corporeal personal

property3. the thing must be susceptible of

appropriation by nature4. the thing must be without an owner5. there must be an intention to appropriate

Specific instances:1. hunting and fishing2. finding of movables which do not have an

owner

3. finding of abandoned movables4. finding of hidden treasure

5. catching of swarm of bees that has escapedfrom its owner, under certain conditions

6. catching of domesticated animals that haveescaped from their owners, under certainconditions

7. catching of pigeons without fraud orartifice

8. transfer of fish to another breeding placewithout fraud or artifice

TRADITION/DELIVERY

a mode of acquiring ownership as aconsequence of certain contracts, by virtue ofwhich, the object is placed in the control andpossession of the transferee, actually orconstructively.

Kinds:1. Real Tradition - actual delivery2. Constructive Tradition

a. traditio symbolica parties makeuse of a token or symbol to representthe thing delivered

b. traditio longa manu by mereconsent of the parties if the thing soldcannot be transferred to the possessionof the vendee at the time of the sale

c. traditio brevi manu when thevendee already has possession of thething sold by virtue of another title

d. traditio constitutum possessorium


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when the vendor continues inpossession of the thing sold not asowner but in some other capacity

3. Quasi-tradition exercise of the right of the

grantee with the consent of the grantor4. Tradicion por ministerio de la ley delivery

by operation of law6. Tradition by public instrument

Requisites:1. right transmitted should have previously

existed in the patrimony of the grantor

2. transmission should be by just title3. grantor and grantee should have intention

and capacity to transmit and acquire4. transmission should be manifested by some

act which should be physical, symbolical orlegal

DONATION

an act of liberality whereby a person disposesgratuitously of a thing or right in favor ofanother who accepts it

Requisites: CIDA1. donor must have capacity to make the

donation2. he must have donative intent (animus

donandi)3. there must be delivery4. donee must accept or consent to the

donation

Essential features/elements of a truedonation:a) Alienation of property by the donor during

his lifetime, which is acceptedb) Irrevocability by the donorc) Intention to benefit the donee (animus

donandi)d) Consequent impoverishment of the donor

(diminution of his assets)

Classification:1. As to effectivity:

a. inter vivosb. mortis causac. propter nuptias

2. As to perfection/extinguishment:a. pureb. with a conditionc. with a term

3. As to consideration:a. simple - gratuitous

b. remuneratory or compensatory made on

account of donees meritsc. modal imposes upon the donee a burden

which is less than the value of the thingdonated

Donation InterVivos

Donation MortisCausa

1. Takes effectindependently ofthe donors death

Takes effect upon thedeath of the donor

2. Title conveyedto the doneebefore the donorsdeath

Title conveyed upondonors death

3. Valid if donorsurvives donee

Void if donor survivesdonee

4. Generally irrevo-cable duringdonors lifetime

Always revocable

5. Must complywith theformalitiesrequired by Arts.748 and 749 of theCode

Must comply with theformalities requiredby law for theexecutionOf wills

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 ofhis/her office;

4. Made to the priest who heard the confession ofthe donor during the latters last illness, or theminister of the gospel who extended spiritualaid to him during the same period;

5. Made to relatives of such priest, etc. within the4th degree, or to the church to which suchpriest belongs;

6. Made by a ward to the guardian before the

approval of accounts;7. Made to an attesting witness to the executionof donation, if there is any, or to the spouse,parents, or children, or anyone claiming underthem.

8. Made to a physician, surgeon, nurse, healthofficer or druggist who took care of the donorduring his/her last illness;

9. Made by individuals, associations orcorporations not permitted by law to makedonations; and

10. Made by spouses to each other during themarriage or to persons of whom the other

spouse is a presumptive heir.


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Forms of donations:1. Donations of movable property:

a. With simultaneous delivery of propertydonated:

i. it may be oral/written P5,000 orless;

ii. if value exceeds P5,000 written inpublic or private document

b. Without simultaneous delivery:

the donation and acceptance must bewritten in a public or privateinstrument, regardless of value

2. Donation of immovable property:a. must be in a public instrument specifying

the property donated and the burdensassumed by donee, regardless of value

b. acceptance must be either:i. in the same instrument; orii. in another public instrument, notified

to the donor in authentic form, andnoted in both deeds

NOTE: Expression of gratitude to the donor withoutexpress acceptance was held a sufficientacceptance (Cuevas vs Cuevas)

LIMITATIONS ON DONATION OF PROPERTY1. Future property cannot be donated.2. Present property that can be donated:

a) if the donor has forced heirs: he cannotgive or receive by donation more than hecan give of receive by will

b) if the donor has no forced heirs: donationmay include all present property providedhe reserves in full ownership or in usufruct:1) the amount necessary to support him,

and2) those relatives entitled to support from

him3) property sufficient to pay the donors

debt contracted prior to the donation.3. Donation should not prejudice creditors4. Donee must reserve sufficient means for his

support and for his relatives which areentitled to be supported by him.

EFFECTS OF DONATION1. donee may demand the delivery of the thing

donated2. donee is subrogated to the rights of the donor

in the property3. in donations propter nuptias, the donor must

release the property from encumbrances,except servitudes

4. donors warranty exists if

a. expressedb. donation is propter nuptiasc. donation is onerousd. donor is in bad faith

5. when the donation is made to several doneesjointly, they are entitled to equal portions,without accretion, unless the contrary isstipulated

Payment of the donors debt by the donee1. If there is express stipulation: the donee is to

pay only debts contracted before the donation,if not otherwise specified; but the doneeanswers only up to the value of the propertydonated, if no stipulation is made to thecontrary

2. If there is no stipulation: the donee is

answerable for the debts of the donor only incase of fraud against creditors.

ACTS OF INGRATITUDE1. If the donee should commit some offense

against the person, honor or property of thedonor, or of his wife or children under hisparental authority

2. If the donee imputes to the donor any criminaloffense, or any act involving moral turpitude,even though he should prove it, unless thecrime or act has been committed against thedonee himself, his wife or children under his

authority3. Refusal to support the donor

PRESCRIPTION

Kinds:1. Acquisitive prescription - one acquires

ownership and other real rights through thelapse of time in the manner and under theconditions laid down by law.a. Ordinary acquisitive prescription: requires

possession of things in good faith and withjust title for the time fixed by law

b. Extraordinary acquisitive prescription:acquisition of ownership and other realrights without need of title or of good faithor any other condition

Requisites:1) capacity to acquire by prescription2) a thing capable of acquisition by

prescription3) possession of thing under certain conditions4) lapse of time provided by law

2. Extinctive Prescription rights and actions arelost through the lapse of time in the manner

and under the conditions laid down by law.


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Acquisitiveprescription

Extinctiveprescription

1. relationship

between theoccupant and theland in terms ofpossession is capableof producing legalconsequences; it isthe possessor who isthe actor

1. one does not look

to the act of thepossessor but to theneglect of the owner

2. requires possessionby a claimant who isnot the owner

2. requires inactionof the owner orneglect of one witha right to bring hisaction

3. applicable to

ownership and otherreal rights

3. applies to all

kinds of rights,whether real orpersonal

4. vests ownership orother real rights inthe occupant

4. produces theextinction of rightsor bars a right ofaction

5. results in theacquisition of ownership or otherreal rights in a personas well as the loss ofsaid ownership or realrights in another

5. results in the lossof a real or personalright, or bars thecause of action toenforce said right

6. can be proven

under the generalissue without itsbeing affirmativelypleaded

6. should be

affirmativelypleaded and provedto bar the action orclaim of the adverseparty

Period of PrescriptionMovables Immovables

1. Good Faith

4 years 10 years

2. Bad Faith

8 years 30 years

Rules on Computation of Period:1. The present possessor may complete the period

necessary for prescription by tacking hispossession to that of his grantor or predecessor

2. It is presumed that the present possessor whowas also the possessor at a previous time, hascontinued to be in possession during theintervening time, unless there is proof to thecontrary

3. The first day shall be excluded and the last dayincluded

Persons Against Whom Prescription runs:1. Minors and other incapacitated persons who

have parents, guardians or other legalrepresentatives

2. Absentees who have administrators3. Persons living abroad who have managers or

administrators4. Juridical persons, except the state and its

subdivision

Persons against whom prescription does NOT run:

1. Between husband and wife, even though therebe separation of property agreed upon in themarriage settlements or by judicial decree.

2. Between parents and children, during theminority or insanity of the latter

3. Between guardian and ward during thecontinuance of the guardianship

Prescriptiveperiod

Actions Prescriptive period Actions


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a) Imprescriptible to declare aninexistent or voidcontract

to quiet title

to demand aright of way

to bring anaction forabatement ofpublic nuisance

to demandpartition in co-ownership

to enforce atrust

probate of awill

to recoverpossession of aregistered landunder the LandRegistration Actby the registeredowner

g) 4 YEARS action to revokedonations due tonon-compliance ofconditions

action to rescindpartition ofdeceaseds estateon account oflesion

action to claimrescission ofcontracts

annulment ofcontracts for viceof consent

actions upon aquasi-delict

action to revokeor reducedonations based onbirth, appearanceor adoption of achild

actions upon aninjury to the rightsof the plaintiff (notarising fromcontract)

b) 30 YEARS real actions overimmovables (but

not foreclosure)without prejudiceto the acquisitionof ownership orreal rights byacquisitiveprescription

h) 3 YEARS actions under theeight hour labor

law actions to recoverlosses in gambling

money claims as aconsequence ofemployer-employeerelationship

action to impugnlegitimacy of achild if thehusband or hisheirs reside abroad


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c) 10 YEARS actions upon awritten contract

actions upon anobligation createdby law

actions upon ajudgment fromthe timejudgmentbecomes final

actions amongco-heirs toenforce warrantyagainst eviction inpartition

Mortgage action

i) 2 YEARS action to impugnlegitimacy of achild if thehusband or hisheirs are notresiding in the cityor municipality ofbirth

d) 8 YEARS

action torecover movableswithout prejudiceto acquisition oftitle for a shorter

period or to thepossessors titleunder Arts. 559,1505 and 1133

j) 1 YEAR

action to impugnlegitimacy of achild if thehusband or hisheirs are residingin the city ormunicipality ofbirth

forcible entryand unlawfuldetainer

Defamation

Revocation ofdonation on the

ground ofingratitude

Rescission or fordamages ifimmovable is soldwith an apparentburdens orservitude

action forwarranty ofsolvency inassignment of

credits actions for loss ordamage to goodsunder the COGSA

e) 6 YEARS actions upon anoral (verbal)contract

actions upon aquasi-contract

k) 6 MONTHS actions forwarranty againsthidden defects orencumbrances overthe thing sold


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f) 5 YEARS action forannulment ofmarriages (excepton the ground ofinsanity) and forlegal separationcounted from theoccurrence of thecause

actions againstthe co-heirs forwarranty ofsolvency thedebtor in creditsassigned inpartition

action for thedeclaration of theincapacity of anheir (devisee orlegatee) tosucceed)

all other actionswhose periods arenot fixed by law,counted from thetime the right ofaction accrues

l) 40 DAYS redhibitory actionbased on faults ordefects of animals

2 property

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