2013 bar reviewer in property

8/12/2019 2013 Bar Reviewer in Property

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2013 BAR REVIEWER IN PROPERTYBy: ATTY. ENRIQUE V. DELA CRUZ, JR.

PROPERTY

By: Atty. Enrique V. dela Cruz, Jr.1

Property - Anything which is or may be theobect o! a""ro"riation (Art 1, NCC!.

Classification of Things: (CAN)#. R"# C$%%&'"# - those that belong

to e$erybody.%. R"# A)*&+ - those that are owned

by a "erson or a grou" o! "erson.&. R"# N&) - those which do not

ha$e any owner.

Characteristics of Property: (USA)#. 'tility%. (ubstanti$ity or indi$iduality&. A""ro"riability

Classification of Property:1 As to !o"ility

A. )mmo$able or real "ro"ertyB. *o$able or "ersonal "ro"erty

# As to o$nershipA. +ro"erty o! "ublic dominionB. +ro"erty o! "ri$ate ownershi"

Classification as to %o"ility

A &%%O'AE PROPERT&ES (N&*A)

Classification:

1 Real "y NATURE - those whichcannot be mo$ed !rom "lace to"lace. Art. 1, -r#. 1 '/ , CC

# Real "y &NCORPORAT&ON - thosewhich are attached to an immo$able

1 Atty. ela Cruz is an *C/E lecturer and a Bar

0e$iewer. 1e teaches law at '(2, 3E'-/(' and theBulacan (tate 'ni$ersity. 1e obtained his %aster ofa$s ()t D)#t)'*t)$'! !rom the /ondon *etro"olitan'ni$ersity, and a Postgra+,ate *iplo!a in&nternational Tra+e a$ !rom the 'ni$ersity College/ondon 'C/, '.4., both as a Che$ening scholar o! theBritish go$ernment. 1e com"leted a Postgra+,ate-ello$ship on /eadershi" and )nternational 0elations!rom the John 3. 4ennedy (chool o! 5o$ernment,1ar$ard 'ni$ersity, '(A. 1e also holds a %asters inP,"lic %anage!ent degree !rom the Ateneo (chool o!5o$ernment. 1e obtained his achelor of a$s degree()t $'$r#! and an A egal %anage!ent degree(*&% &/"! !rom the 'ni$ersity o! (anto 2omas as a0ector6s (cholar. 1e was recently elected as Board*ember o! the %nd istrict o! Bulacan. 1e is also a+artner at the +once Enrile 0eyes 7 *analastas+ECABA0 /aw 8!!ice based in *a9ati City.

in such a manner as to !orm anintegral "art thereo!. Art. 1,

-r#.13, CC. Real "y *EST&NAT&ON - those

which are "laced in an immo$able

!or the use, e"loitation or "er!ectiono! such immo$able. Art. 1,

-r#.4,5, CC!/ Real "y ANAO0Y - those which

are considered immo$able byo"eration o! law. Art. 1, -r. 10,CC!

Types of &!!oa"le Property Art. 1,CC

1 an+2 ",il+ings2 roa+s an+constr,ctions of all 3in+s a+here+ to soil

/and is immo$able by its $ery nature.1owe$er, a sho$e!ul o! land should beconsidered as "ersonal "ro"erty because itno longer adheres to the soil.

Buildings are considered immo$able"ro$ided they are more or less o! a"ermanent structure substantially adhering tothe land and not mere su"erim"ositions onthe land li9e 6r$'76r$'7 or ;uonset!itures.

A dismantled house and


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"rea3ing the !aterial or +eterioration ofthe o"5ect

3or the incor"orated thing to beconsidered as immo$able "ro"erty, the inury

or brea9age or deterioration in case o!se"aration must be substantial.

/ Stat,es2 reliefs2 painting or othero"5ects for ,se or orna!entation2 place+in ",il+ings or lan+s "y the o$ner of thei!!oa"le in s,ch a !anner that itreeals the intention to attach the!per!anently to the tene!ents

Re6,isitesa. +laced by the owner or by an agent

o! the owner o! the land orimmo$able=

b. )t is attached in such a manner thatit re$eals an intention to attach it"ermanently.

7 %achinery2 receptacles2 instr,!ents ori!ple!ents inten+e+ "y the o$ner oftene!ent for an in+,stry or $or3 $hich!ay "e carrie+ on in a ",il+ing or on apiece of lan+2 an+ $hich ten+ +irectly to!eet the nee+s of sai+ in+,stry or $or3s

Re6,isitesa. 2he "lacing must be made by the

owner o! the tenement, his agent, orduly authorized re"resentati$e.

b. 2he industry or wor9s must becarried on in the building or land.

c. 2he machines must tend directly tomeet the needs o! said industry orwor9s.

d. 2he machines must be essential and"rinci"al elements in the industry,and not merely incidental.

8 Ani!al ho,ses2 pigeon ho,ses2"eehies2 fishpon+s or "ree+ing places ofsi!ilar nat,re2 in case their o$ner hasplace+ the! $ith intention to hae the!per!anently attache+ to the lan+2 an+for!ing per!anent part of it9 ani!als inthese places are incl,+e+

Re6,isitesa. 2he structure is "laced by the owner=

andb. 2he installation must be with the

intention to ha$e them "ermanentlyattached to the land and !orming a"ermanent "art o! it.

-ertili;er act,ally ,se+ on a piece oflan+

Contracts for p,"lic $or3s2 serit,+esan+ other real rights oer i!!oa"leproperty

%O'AE PROPERT&ES

#. 2hose mo$ables susce"tible o!a""ro"riation which are not included in Art.>#?.

%. 0eal "ro"erty which by any s"ecial"ro$ision o! law is considered "ersonalty.

&. 3orces o! nature which are brought undercontrol by science.

>. )n general, all things which can betrans"orted !rom "lace to "lace withoutim"airment o! the real "ro"erty to which theyare !ied. Art. 1, CC

?. 8bligations and actions which ha$e !or

their obect mo$ables or demandable sums,and

@. (hares o! stoc9 o! agricultural, commercialand industrial entities, although they mayha$e real estate. Art. 14, CC

Classification as to O$nership

A PROPERTY O- PU&C *O%&N&ON

P,"lic +o!inion the (tate has control andadministration !or the collecti$e enoyment o!"eo"le.

?in+s

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1 for p,"lic ,se

)t may be used by anybody.

# for p,"lic serice

)t may be used only by authorized"ersons.

ot !or general use but !or some state!unction.

8nly the state may own "ro"erty !or"ublic ser$ice.

. for the +eelop!ent of the national$ealth

Characteristics of Properties of P,"lic*o!inion (C@'A@P)

#. 8utside the commerce o! man%. Cannot be acquired by prescri"tion.&. Cannot be a""ro"riated>. Cannot be subect matter o!

contracts hence cannot be alienated?. Cannot be subect to attachment or

eecution@. Cannot be burdened by oluntary

easement.. Cannot be registered under the /and

0egistration /aw and be the subect

o! a 2orrens 2itle.

PR&'ATE ONERSB&P

& Patri!onial property of the state

2hose which is not a "art o!

the "ublic dominion

+ro"erty o! "ublic dominion,

when no longer intended !or "ublic use or!or "ublic ser$ice, shall !orm "art o! the"atrimonial "ro"erty o! the (tate.

Can be alienated only be an

authority o! law legislature

&& Property of 0Usa Property for p,"lic ,se

Consist o! the "ro$incial roads,city streets, munici"al streets,the squares, !ountains, "ublicwaters, "romenades, and "ublicwor9s !or "ublic wor9s "aid !orby said "ro$inces, cities ormunici"alities. Art. 2, CC

" Patri!onial property

All other "ro"erty "ossessed by"ro$inces, cities andmunici"alities without "reudice

to the "ro$isions o! s"ecial laws.Art. 2, CC

&&& Property of Priate o$nership

All "ro"erties belonging to "ri$ate"ersons and those belonging to the(tate and any o! its "oliticalsubdi$isions which are "atrimonial innature. Art. 2, CC

ONERSB&P(1544 Br!)t is the inde"endent and general

right o! a "erson to control a thing "articularlyin its "ossession, enoyment, dis"osition, andreco$ery, subect to no restrictions ece"tthose im"osed by the (tate or by "ri$ate"ersons, without "reudice to the "ro$isionso! law.

Rights of an O$ner (CUP-REE*)

#. 0ight to consume or destroy or

abuse%. 0ight to possess&. 0ight to ,se>. 0ight to reco$er or $indicate?. 0ight to enoy@. 0ight to the fruits. 0ight to encumber or alienateD. 0ight to +is"ose

i!itations ,pon the right of o$nership(1544 Br!

#. 5eneral limitations im"osed by the(tate !or its bene!ita. "ower o! eminent domainb. "olice "owerc. "ower o! taation

%. ("eci!ic limitation im"osed by law(E* PER&)a. easements relating to watersb. right o! wayc. "arty walld. light and $iewe. drainage!. intermediate distancesg. easement against nuisanceh. lateral and subacent su""ort

&. /imitations im"osed by the "artytransmitting the "ro"erty either bycontract or by will,

>. /imitations im"osed by the ownerhimsel!, such as $oluntaryser$itudes, mortgages, "ledges, andlease rights, and

?. )nherent limitations arising !romcon!lict with other rights, such asthose caused by contiguity o!

"ro"erty.

Re!e+ies for Recoery of Property#. +ersonal +ro"erty

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Replein an action or "ro$isional remedywhere the com"lainant "rays !or the reco$eryo! the "ossession o! "ersonal "ro"erty. ("*.1, R&" 0, R&"# $; C$&rt

%. 0eal +ro"erty

Accion &nter+ictal

action!or the reco$ery o! the materialor "hysical "ossession and must bebrought in the *2C within # year!rom the date o! the !orcible entry orunlaw!ul "ossession.

2he issue in$ol$ed is "ossession de!acto, not "ossession de ure orownershi".

?in+si. -orci"le entry a summary actionto reco$er material or "hysical"ossession when a "erson originallyin "ossession was de"ri$ed thereo!by !orce, intimidation, strategy, threator stealth.


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*octrine of selfhelp Art. 25, CC2he owner or law!ul "ossessor o! a

thing has the right to eclude any "erson!rom the enoyment and dis"osal thereo!. 3or

this "ur"ose, he may use such !orce as maybe reasonably necessary to re"el or "re$entan actual or threatened unlaw!ul "hysicalin$asion or usur"ation o! his "ro"erty.

Re6,isitesa. +erson who em"loys !orce or

$iolence must be the owner or law!ul"ossessor=

b. 2hat "erson must be in actual"ossession=

c. 2here must be actual or imminentaggression which is unlaw!ul=

d. 8nly reasonable !orce is em"loyed=and

e. o delay in one6s eercise.

Sic utere tuo ut alienum non laedas

2he owner may use the "ro"erty onlyin such a manner that it does not inureothers. Art. 31, CC

*octrine of State of Necessity Art.32

2he owner o! a thing has no right to"rohibit the inter!erence o! another with thesame, i! the inter!erence is necessary toa$ert an imminent danger and the threateneddamage, com"ared to the damage arising tothe owner !rom the owner !rom theinter!erence, is much greater.

Re6,isites

a. 2he inter!erence must be necessaryto a$ert imminent danger=

b. 2he threatened damage must begreater than the damage caused tothe owner o! the thing=

c. 8nly such inter!erence as isnecessary shall be made in order toa$ert the damage.

0eneral R,le: Com"ensation may bedemanded by the "ro"erty owner.

E4ception:o com"ensation i! the inury is:

Caused by the "ro"erty

owner, and 2he "erson who inter$ened was

not at !ault.

S,rface Rights2he owner o! a "arcel o! land is the

owner o! its sur!ace and e$erything under it.Art. 34, CC

Restrictions on S,rface Right:#. (er$itudes or easements=%. ("ecial laws li9e *ining /aw=&. 8rdinances=>. 0easonable requirements o! aerial

na$igation=?. 0egalian octrine the doctrine

which reser$es to the (tate allnatural wealth that may be !ound inthe bowels o! the earth, e$en i!located in "ri$ate lands.

B&**EN TREASUREAny hidden and un9nown de"osit o!

mone, ewelry or other "recious obects, thelaw!ul ownershi" o! which does not a""ear. Art.35, CC

Re6,isites of Bi++en Treas,re (B'O)#. Bidden or un9nown de"osit%. 8! aluable obects&. 2he law!ul owner being un9nown

R,les#. 1idden treasure belongs to the

owner o! the land on which it is!ound.

%. )! the disco$ery is made in theland o! another, or o! the (tate orany o! its subdi$isions, one-hal!shall be gi$en to the !inder.

&. )! the disco$ery is by chance,one-hal! shall be gi$en to the!inder.

>. )! the !inder is a tres"asser, heshall not be entitled to any sharein the treasure.

?. )! the things !ound be o! interestto science or arts, the (tate mayacquire them at their ust "rice.Art. 3, CC

@. )! the !inder or owner is married,his share belongs to the conugal"artnershi".

. )! the !inder is a laborer hired toloo9 !or hidden treasure: 1e isentitled to his wage or salaryonly.

ACCESS&ON

)t is the right by $irtue o! which theowner o! a thing becomes the owner toe$erything which is "roduced thereby, or

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incor"orated or attached thereto, eithernaturally or arti!icially. (Art. 0, CC.!

Classification of Accession1 Accession Discreta

2he right "ertaining to the owner o! athing o$er e$erything which is "roducedthereby.

a Nat,ral fr,its

("ontaneous "roducts o! the soil, andthe young and other "roducts o! animals.Art.2, CC

=Prt


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O$ner in - #. 0ight toacquire theim"ro$ementswithout "ayingreimbursement,and

%. 0ight todemanddamages)n B3(ame asthough acted ingood !aith

#. 3or!eits thematerial G "aydamages%. 0ight toreimbursement!or necessary

e"enses o!"reser$ation o!the land)n B3(ame asthough acted ingood !aith

,il+er2 planter2 so$er (PS) ",il+s2plants or so$s on anothers lan+,sing his o$n !aterials

O PS

O in 0- an+

PS in 0-

#. 0ight o!

a""ro"riationa!ter "aymento! indemnity,or%. 0ight tocom"el B+ to"ay the "riceo! land and (,the "ro"er rentE4ception:Value o! theland is greaterthan the $alueo! the buildingor "lanting.1ence, !orcedlease is theremedy, theterm o! whichis as "eragreement o!the "arties. )ncase o!disagreement,the court shall!i the termsthereo!

0ights or

obligationsde"end on/86s choice,either torecei$e"ayment or tobuy theland


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A sudden and !orce!ul action li9e that o!the !looding is not the allu$ial "rocesscontem"lated by Article >? and the rationale!or this rule is to "ro$ide com"ensation to thelandowners who are continually e"osed with

the destructi$e !orce o! water and subectedto $arious easements. Allu$ion must be theeclusi$e wor9 o! nature.

" A,lsion

2he accretion which ta9es "lacewhene$er the current o! a ri$er, la9e, cree9 ortorrent segregates !rom an estate on its ban9a 9nown "ortion o! land and trans!ers it toanother estate. Art. 5, CC=

Re6,isites (CS&)a. 2he segregation and trans!er must

be caused by the current o! a ri$er,cree9 or torrent=

b. 2he segregation and trans!er o! soilis sudden and abru"t= and

c. 2he "ortion segregated can beidenti!ied.

NOTES:

2he owner has u" to % years to reco$erthe "ortion o! land segregated. 3ailure to doso would ha$e the e!!ect o! automaticallytrans!erring ownershi" o$er it to the owner o!

the other estate.

)n case o! u"rooted trees, the owner o!the land !rom where they came !rom should*)% the trees within @ months. 1owe$er,r"*$8"ry can be done within > years, the"eriod allowed to reco$er mo$ables. Art.0, CC

AU'&U% A'US&ON

e"osit o! soil isgradual andim"erce"tible

(udden or abru"t"rocess may be seen

(oil cannot beidenti!ied

(oil is identi!iable

Belongs to the ownero! the "ro"erty towhich it is attached.

Belongs to the owner!rom whose "ro"ertyit was detached.

c Change of rier co,rse

2a9es "lace when a ri$er bed isabandoned through natural change in thenatural course o! the waters Art. >@#, CC=

Re6,isites (PANES)#. 2he change in the ri$er course must

be sudden=%. 2he change must be "ermanent=&. 2he change must be natural

>. 2he ri$er bed must be abandoned bythe go$ernment.

?. 2he ri$er must continue to eist.

NOTES:

Fhen a ri$er or stream suddenlychanges its course to tra$erse "ri$ate lands,the owners o! the a!!ected lands may notcom"el the go$ernment !rom ta9ing ste"s tore$ert the ri$er or stream to its !ormer course.

2he owners o! the lands thus a!!ectedare not entitled to any com"ensation !or anydamage sustained thereby.

1owe$er, the !ormer owners o! the newbed shall be the owners o! the abandonedbed in "ro"ortion to the area lost by each.

2he owners o! the a!!ected lands mayunderta9e to return the ri$er or stream to itsold bed at their own e"ense= +ro$ided, thata "ermit there!ore is secured !rom the*inister o! +ublic For9s and wor9s"ertaining thereto are commenced within twoyears !rom the change in the course o! theri$er or stream. (Art. , P.D. N$. 104!+ -or!ation of islan+s

R,les#. 3ormed on the sea

a. Fithin +hilli"ine waters ownedby the (tate.

b. 8utside +hili""ine waters owned by the !irst occu"ant.

%. 3ormed in na$igable

&. 3ormed on non-na$igable


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ith respect to !oa"le property

1 A+5,nction or Con5,nction

)t is the "rocess by $irtue o! which two

mo$ables belonging to di!!erent owners areunited in such a way that they !orm a singleobect (Art. , CC!.

Adunction may be done in good !aith andin bad !aith.

?in+s of A+5,nctiona. inclusionb. solderingc. escritura writingd. "intura "aintinge. wea$ing

Re6,isites#. two things must belong to di!!erent

owners=%. they !orm a single obect.

Tests to *eter!ine the Principal orAccessory: Art. 4'/ , NCC

#. 2hat to which the other has beenunited as an ornament, or !or its useor "er!ection test of importance or

purpose%. that o! greater $alue test of value&. i! they are o! equal $alue, that o! the

greater $olume, test of volumeand

>. )! not one o! these tests can bea""lied, then, the question will beresol$ed by ta9ing into considerationall "ertinent "ro$isions a""licable aswell as their res"ecti$e merits, utilityand $olumes. test of merits

Special R,le:

)n "ainting and scul"ture, writings,"rinted matter, engra$ing andlithogra"hs, the board, metal, stone,can$ass, "a"er or "archment shall bedeemed the accessory thing. Art. ,

-r.2, NCC

8wner o!"rinci"al +8

8wner o!accessory

A8

)! ownero! the"rinci"al

andowner o!accessory acted ingood !aith53

A""ro"riates thething a!ter"ayment o!

$alue o!accessory in itsuncontro$ertedstate.

0ight todemand"ayment o!

the $alue o!accessory, or0ight todemandse"aration i!no inury to

the thingEHCE+2,when theaccessory ismore

$aluable thanthe "rinci"al,the A8 maydemandse"arationthough theremay bedamage

)! +8acted in53, and

A8 in B3

#. A""ro"riates the thing.

%. Entitled todamages!rom A8

#. /oses thethingincor"orated

%. )ndemni!y

+8 !ordamages

)! +8acted inB3, and

A8 actedin 53

A8 has theo"tion to be#. 0eimbursed

!or the $alueo! accessory"lusdamages, or

%. (e"arationo! theaccessorye$en i!

"rinci"al isdestroyed"lusdamages.

A8 may:#. emand

$alue o!accessory "lusdamages, or

%. emandse"aration e$en i!"rinci"al

isdestroyed "lusdamages

Bothacted inB3

(ame as though both acted in53

# Co!!i4tion or conf,sion

2he combination or union o! materialswhere the res"ecti$e identities o! the

com"onent elements are lost.

a. Co!!i4tion i! solids are mied.b. Conf,sion i! liquids are mied.

RUESa. )! the miture is caused by one

owner in good !aith or by the willo! both owners, or by chance, orby a common agent eachowner acquiring an interest orright "ro"ortional to the $alue o!

his material Co-ownershi"results.b. )! caused by the will o! one "arty

in B3:a. he loses his material=

and

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b. he is liable !or damages.c. )! both are in bad !aith, their

res"ecti$e rights shall bedetermined as tough both actedin good !aith.

. Specification

)t is the gi$ing o! a new !orm to thematerial o! another thru the a""lication o!labor. Art. 4, CC.

RUESa. )! the wor9er "rinci"al is in 53:

#. he a""ro"riates the newthing=

%. he must indemni!y !or the

materials.

EDCEPT&ON: )! the materials are more"recious than the new thing or is more$aluable, the owner o! the material has ano"tion:

#. to get the new thing but he "ays!or the wor9= or

%. to demand indemnity !or thematerial.

b. )! the wor9er is in B3, the owner o!the material has an o"tion:

#. 1e can a""ro"riate the wor9without "aying !or the labor=or

%. 1e can demand indemnity!or the material "lusdamages.

EDCEPT&ON:2he o"tion o! a""ro"riation isnot a$ailable i! the $alue o! the resultant wor9is more $aluable !or scienti!ic or artisticreasons.

COONERSB&P)t is the right o! common dominion

which two or more "ersons ha$e in a s"iritualor ideal "art o! a thing which is not "hysicallydi$ided.

)t is that state where an undi$idedthing or right belongs to di!!erent "ersons.Art. , CC

So,rces of Coo$nership

#. /aw%. Contract&. Chance

>. 8ccu"ation?. (uccession

?in+s of Coo$nership

A -ro! the ie$point of s,"5ect !atter#. Co-ownershi" o! an undi$ided thing%. Co-ownershi" o! an undi$ided right

-ro! the ie$point of so,rce

#. Contractual co-ownershi"%. on-contractual co-ownershi"

C -ro! the ie$point of the rights of coo$ners

#. 2enancy in common or co-ownershi" as contem"lated in Art.>D>

%. Joint 2enancy or oint ownershi"

Tenancy in co!!on or Coo$nership+isting,ishe+ fro! Goint Tenancy

TENANCY &NCO%%ON or

COONERSB&P

GO&NT TENANCY

)n$ol$es a "hysicalwhole but there is an)EA/ abstractdi$ision= each co-owner being theowner o! his ownideal share.

)n$ol$es a "hysicalwhole but there is8 )EA/ di$ision=each and A// o!them own theF18/E thing.

Each co-owner maydis"ose o! his idealor undi$ided sharewithout the other6s

consent.

Each co-owner maynot dis"ose o! hisown share withoutthe consent o! all the

rest.)! a co-owner dies,his share goes to hisown heirs.

)! a oint tenant dies,his share gores byaccretion to the other

oint-tenants by $irtueo! their sur$i$orshi".

)! a co-owner is aminor, his minoritydoes not bene!it theother co-owners !orthe "ur"ose o!"rescri"tion.

)! a oint-tenant isunder a legaldisability, thisbene!its the othersand "rescri"tion willnot run against them.

Re6,isites of Coo$nership (SOS)#. +lurality o! subects%. 'nity o! the Obect= and&. 0ecognition o! the ideal or undi$ided

shares o! the co-owners whichdetermine their rights andobligations. 2 T$"'t)'$, C)8) C$/",

-. 10

Characteristics of Coo$nership#. 2here must be more than one owner.%. 2here is one "hysical whole di$ided

into ideal shares.&. Each ideal share is de!inite inamount, but it is not "hysicallysegregated !rom the rest.

>. 0egarding the "hysical whole, eachco-owner must res"ect each other in

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the common use, enoyment or"reser$ation o! the "hysical whole

?. 0egarding the ideal share, each co-owner holds almost absolute controlo$er the same.

@. 2he co-ownershi" does not ha$euridical "ersonality.. A co-owner is in a sense a trustee !or

the other co-owners.

Coo$nership +isting,ishe+ fro!Partnership

COONERSB&P PARTNERSB&P

*ay be created bylaw, contract,succession,!ortuitous e$ent oroccu"ancy.

Always created bycontract.

2he "ur"ose is thecommon enoymento! the thing or rightowned in common.

2he "ur"ose is toobtain "ro!its.

1as no uridical"ersonality which isse"arate and distinct!rom that o! the co-owners.

1as a uridical"ersonality which isse"arate and distinct!rom the "artners.

An agreement not todi$ide the community"ro"erty !or morethan # years is not

allowed by law.

o limitation u"onthe duration o!"artnershi"s.

A co-owner has no"ower to re"resentthe co-ownershi".

A "artner has the"ower to re"resentthe "artnershi".

)! a co-ownertrans!ers his share toa third "erson, thelatter automaticallybecomes a co-owner.

)! a "artner trans!erhis share to a third"erson, the latterdoes not become a"artner, unlessagreed u"on by all o!the "artners.

2he di$ision o! thebene!its and charges

is !ied by law.

2he di$ision o! "ro!itsand losses may be

subect to theagreement o! the"artners.

2he death o! a co-owner has no e!!ectu"on the eistence o!the co-ownershi".

2he death o! a"artner shall result inthe dissolution o! the"artner.

Coo$nership +isting,ishe+ fro!Con5,gal Partnership

COONERSB&P CONGU0APARTNERSB&P

*ay arise by reasono! an ordinarycontract

Arises only becauseo! marriage

5ender o! the co-owners is immaterial

8ne must be a male,the other a !emale

Co-owners may betwo or more

Conugal owners arealways only two

+ro!its are"ro"ortional tores"ecti$e interests

+ro!its are generally?-? unless acontrary sti"ulation is

"ro$ided in themarriage settlement

eath o! one doesnot etinguish the co-ownershi"

eath o! eitherhusband or wi!edissol$es theconugal "artnershi"

5enerally, all the co-owners administer

5enerally, thehusband is theadministrator

R,les an+ Principles

& Shares in enefits an+ Charges

2he shares o! the co-owners in thebene!its and charges shall be "ro"ortional totheir res"ecti$e interests.

Any sti"ulation to the contrary shall be$oid. Art. , CC 2o do so would becontrary to the nature o! co-ownershi".

&& Right to Use Property O$ne+ inCo!!on

Each co-owner may use the "ro"ertyowned in common. Art , CC

i!itations ,pon the right of a coo$nerto ,se the thing o$ne+ in co!!on

#. 2he "ro"erty must be used inaccordance with the "ur"oseintended.

%. A co-owner may use the "ro"erty insuch a way as not to inure theinterest o! the co-ownershi".

&. A co-owner may use the "ro"erty insuch a way as not to "re$ent theother co-owners !rom using itaccording to their rights. Art. ,CC

&&& Action for E5ect!ent

Any one o! the co-owners may bring anaction !or eectment. Art. , CC

Eecctment co$ers the !ollowing: !orcibleentry, unlaw!ul detainer, **)$' -&6)*)',**)$' r")8)'/)*t$r), quieting o! title, and

re"le$in.

&' E4penses for Preseration

11


12/27


Each co-owner shall ha$e a right tocom"el the other co-owners to contribute tothe e"enses o! "reser$ation o! the thingowned in common and to the taes e$en i!incurred without "rior notice. Art#. 5,

CC

A co-owner may eem"t himsel! !rom thisduty to reimburse by renouncing so much o!his undi$ided share as may be equi$alent tohis share o! the e"enses and taes.

o wai$er shall be made i! it is "reudicialto the co-ownershi".

E"enses !or "reser$ation may be mateat the will o! one o! the co-owners. Art. 5,CC

' E4penses for &!proe!ent orE!"ellish!ent

E"enses to im"ro$e or embellishthe thing shall be decided u"on by a !inancialmaority o! the co-owners. Art. 5, CC'& Alterations

An alteration is a change:#. which is more or less

"ermanent=%. which changes the use o! the

thing= and

&. which "reudices thecondition o! the thing or itsenoyment by the others.

Alteration must be made with the consento! A// the co-owners, whether bene!icial ornot.

&llegal alteration i! made without thee"ress or im"lied consent o! the other co-owners.

Effects of an &llegal Alteration

#. 2he co-owner res"onsible may losewhat he has s"ent.

%. emolition can be com"elled.&. 1e would be liable !or losses and

damages.>. But, whate$er bene!its the co-

ownershi" deri$es will belong to theco-ownershi".

'& A+!inistration an+ etter En5oy!entof Property O$ne+ in Co!!on

3or the administration and betterenoyment o! the "ro"erty owned in common,the resolutions o! the maority shall bebinding.

%a5ority those who re"resent thecontrolling interest in the obect o! the co-ownershi". (@)''*) +$r)ty!

Acts of %anage!ent#. 2hose that do not in$ol$e an

alteration.%. 2hose that may be renewed !rom

time to time.&. 2hose that do not ha$e transitory

e!!ects, i.e., do not bind the co-ownershi" !or a long time in the!uture.

>. 2hose that do not gi$e rise to a realright o$er the "ro"erty owned incommon.

?. 2hose which, e$en i! called analteration, do not a!!ect thesubstance or nature o! the thing.

@. 2hose !or the common bene!it o! allthe co-owners and not only !or onlyone or some o! them.

i!itations on the Right of the -inancial%a5ority

#. 2here should !irst be a notice to theminority so that they can be heard.

%. 2he maority would be usti!ied in"roceeding only when the urgency o!the case and the di!!iculty o! meeting

with the minority render im"racticablethe gi$ing o! such notice.

&. 2he minority may A++EA/ to thecourt against the decision o! themaority when:

a. there is no real maority=b. the resolution is seriously

"reudicial to the rights o! aco-owner=Art. 52, CC

c. when the maority re!uses tocorrect abuse o!administration ormaladministration=

d. when the minority is madethe $ictim o! !raud=e. when an alteration is agreed

u"on, instead o! mere act o!administration.

N,!"er of Coo$ners ho %,stConsent

a. 0e"airs, action !or eectment 8Eb. Alterations or Acts o! 8wnershi"

A//c. All others, li9e use!ul im"ro$ements,

luurious embellishments, acts o!

administration and better enoyment 3)AC)A/ *AJ80)2I

'&& Right of Coo$ner as to the &+ealShare

12


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#. Each co-owner shall ha$e !ullownershi" o! his "art and the !ruitsand bene!its "ertaining thereto. Art.53, CC

%. 1e may alienate, assign or mortgagehis ideal share, without "reudice tothe eercise o! the other co-ownerso! their right o! legal redem"tion.Art. 53, CC

(uch alienation, assignmentor mortgage shall be limited to the"ortion allotted to the co-owner in thedi$ision u"on the termination o! theco-ownershi". Art. 53, CC

&. 1e may substitute another "erson inits enoyment, ece"t when "ersonalrights are in$ol$ed.

>. 1e may eem"t himsel! in the"ayment o! the necessary e"ensesand taes by renouncing "art o! hisinterest in the co-ownershi". Art., CC

'&&& Partition

o co-owner shall be obliged toremain in the co-ownershi". Each co-ownermay demand at any time the "artition o! the

thing owned in common, inso!ar as his shareis concerned. Art. 5, CC

0ENERA RUE:emandable as a mattero! right.

EDCEPT&ONS: (UAN*a. Fhen there is an agreement to 9ee"

the thing undi$ided must not gobeyond # years.

b. Fhen "rohibited by the donor ortestator cannot eceed % years.

c. Fhen "rohibited by law.

d. Fhen "artition renders the thingunser$iceable.

e. Fhen the legal nature o! the thingdoes not allow "artition

Ter!ination of coo$nership#. Etraudicial +artition=%. Judicial +artition=&. *erger or consolidation o! ownershi"

in one co-owner o! the thing=>. /oss or destruction o! the thing=?. By e"ro"riation=

@. Fhen by "rescri"tion, one co-ownerhas acquired the whole "ro"erty bead$erse "ossession=

. Fhen a stranger acquires by"rescri"tion the thing owned incommon.

NOTE:

As a general rule, a co-owner cannotacquire the co-owned "ro"erty by

"rescri"tion.

1owe$er, a co-owner can become theeclusi$e owner o! the shares o! the otherco-owners "ro$ided the !ollowingrequirements are com"lied with:

#. 1e clearly re"udiates the co-ownershi" and claims !ullownershi" o! the thing=

%. (uch act o! re"udiation iscommunicated to such co-owners==

&. 2he e$idence thereon is clearand conclusi$e=

>. +ossession in the conce"t o! anowner "ublic, ad$erse, o"en,uninterru"ted=

?. A!ter the la"se o! the period !iedby law. L7&r 8#. L"8't)'$,41 P).

POSSESS&ON)t is the holding o! a thing or the

enoyment o! a right, either by materialoccu"ation or by the !act o! subecting thething or the right to our will. (Art. 23, CC.!

Re6,isites of Possession#. 2he cor"us or holding or material

detention or enoyment o! a thing orright= and

%. Animus -$##)/"'/) or intent to"ossess the thing or right.

Possessor in goo+ faith when the

"ossessor is not aware that there eists a!law in his title or mode o! acquisition whichin$alidates it. Art. 2,CC

*ista9e u"on a doubt!ul or di!!icultquestion o! law may be the basis o! bad !aith.Art. 2, CC

*egrees of Possession#. +ossession without any title

whatsoe$er in $iolation o! the right o!the true owner=

%. +ossession with uridical title, but not

in the conce"t o! an owner=&. +ossession with ust title, or a title

which is su!!icient to trans!erownershi", but not !rom the trueowner=

13


14/27


>. +ossession with ust title !rom theowner.

Classes of Possession#. +ossession in one6s name or"ossession in the name o! another.%. +ossession in the conce"t o! an

owner or "ossession in the conce"to! a holder= and

&. +ossession in good !aith or bad !aith

Pres,!ptions Regar+ing Possession1 0oo+ -aith

5ood !aith is always"resumed and u"on him who allegesbad !aith on the "art o! the "ossessorrests the burden o! "roo!. Art. 24,CC

# Contin,ity of Character ofPossession

)t is "resumed that"ossession is enoyed in the samecharacter in which it was acquired,until the contrary is "ro$ed. Art. 25,CC

. Noninterr,ption of possession

2he "ossession o! hereditary"ro"erty is deemed transmitted to theheir without interru"tion, and !rom themoment o! the death o! thedecedent, in case the inheritance isacce"ted. Art. 33, CC

/ Pres,!ption of G,st Title

A "ossessor in the conce"to! an owner has in his !a$or the legal

"resum"tion o! that he "ossesseswith ust title, and he cannot beobliged to show or "ro$e it. Art. 1,CC

7 Noninterr,ption of Possession ofProperty Un5,stly ost ",t egallyRecoere+

8ne who reco$ers,according to law, "ossession unustlylost, shall be deemed !or all"ur"oses which may redound to hisbene!it, to ha$e enoyed it withoutinterru"tion. Art. 1, CC

8 Possession *,ring &ntereningPerio+

)t is "resumed that the"resent "ossessor who was also the"ossessor at "re$ious time, hascontinued to be in "ossession duringthe inter$ening time, unless there is

"roo! to the contrary. Art. 113, -r.2, CC

Possession of %oa"les $ith RealProperty

2he "ossession o! real"ro"erty "resumes that o! themo$ables therein, so long as it is notshown or "ro$ed that they should beecluded. Art. 2, CC


15/27


&. thru clandestine, secret "ossessionor "ossession without 9nowledge..Art. 34, CC

Possession as a -act

0eneral R,le:+ossession as a !act cannotbe recognized at the same time in twodi!!erent "ersonalities.

E4ceptions:#. co-"ossessors=%. "ossession in di!!erent conce"ts or

di!!erent degrees.

R,les in case of Conflict of Possession#. +resent "ossessor is "re!erred=

%. )! both are in "ossession, the onelonger in "ossession shall be"re!erred.

&. )! "ossession started at the sametime, the one with a title is "re!erred.

>. )! both ha$e title, the court willdetermine. Art. 3, CC

Effects of Possession#. right o! a "erson to be res"ected in

his "ossession=%. "rotection in said right or restoration

to said "ossession through legalmeans=&. 2he writ o! "reliminary mandatory

inunction.

Reasons for Re6,iring egal %eans#. to "re$ent s"oliation or disregard o!

"ublic order=%. to "re$ent de"ri$ation o! "ro"erty

without due "rocess o! law=&. to "re$ent a law !rom ta9ing the law

into his own hands.

Rights an+ O"ligations as to PossessionS,"5ect Possessor

in 0oo+faith

Possessor ina+ -aith

3ruits 2o the"ossessor

2o the owner

ecessarye"enses

2o"ossessor=with right toretain thething untilreimbursed

2o "ossessor:without theright to retainthe thing

'se!ul

e"enses

0eimburse

d to"ossessorwith right o!retention

o

reimbursement

NOTE:2he winnerin theaction hasthe o"tion

o!re!undingthe amounto! e"enseor o! "ayingtheincreased$aluethereo!.

8rnamentale"enses

o right o!re!und orretention,but can

remo$eornamentsi! nosubstantialinury iscaused.

NOTE:8wner hasan o"tionto:#. allow"ossessorto remo$e=

or%. retain !orhimsel! theornamentsbyre!undingtheamountss"ent.

o right o!re!und orretention, butcan remo$e

ornaments i!no substantialinury iscaused.

NOTE:8wner has ano"tion to:#. allow"ossessor toremo$e= or%. retain !orhimsel! theornaments by

re!unding theamount o!ornaments atthe time theowner entersinto"ossession.

)m"ro$ements by atureor 2ime

+ertains tothe owneror law!ul

"ossessor

+ertains to theowner orlaw!ul

"ossessor/iability !or/oss oreterioration

ot liableece"twhen it is"ro$ed thathe actedwith!raudulentintent ornegligence.

/iable in allcases e$en i!caused by a!ortuitouse$ent.

oss of Possessiona. 2hrough the "ossessor6s $oluntary

will and intent#. Abandonment%. Assignment

b. Against the "ossessor6s will

15


16/27


#. +ossession o! another !ormore than one year

%. 3inal Judgment in !a$or o!another with a better right

&. E"ro"riation

>. +rescri"tion in !a$or o!another?. 0eco$ery or rei$indication by

the legitimate owner or"ossessor.

c. Because o! the 8bect#. estruction or total loss o!

the thing%. 5oing out o! commerce&. Esca"ing !rom "ossessor6s

control o! wild animals.

A"an+on!ent is the $oluntaryrenunciation o! a thing.

Re6,isites#. 2he abandoner must ha$e been a

"ossessor in the conce"t o! anowner.

%. 2he abandoner must ha$e theca"acity to renounce or to alienate.

&. 2here must be a "hysicalrelinquishment o! the thing or obect.

>. 2here must be no more #-"#

r"*&-"r'/)or e"ectation to reco$erand no animus re$ertendi or intent toreturn or get bac9.

Assign!ent is the com"lete transmissiono! ownershi" rights to another "erson,onerously or gratuitously.

Possession for !ore than one year thisre!ers to "ossession de !acto where the"ossessor loses the right to summary actionbut= but he may still bring **)$' -&6)*)'or r")8)'/)*t$r).

A thing is lost when it "erishes, goesout o! commerce or disa""ears in such a waythat its eistence is un9nown, or it cannot bereco$ered. Art. 115, CC

Possession of %oa"les

Possession of !oa"le propertyac6,ire+:

#. )n BA !aith ne$er equi$alent totitle.

%. )n 588 !aith -

0eneral R,le: A "erson, who lost or hasbeen unlaw!ully de"ri$ed o! a mo$able, may

reco$er it !rom the "erson who has"ossession o! the same.

E4ceptions: (CBE%Pa. )! the "ossessor obtained the

mo$able in 53 at a public sale, theowner cannot get it bac9 unless hereimburses the "ossessor=

b. )! the owner is stoppe+=c. Court order=d. )! "urchased at a !erchant6s store=e. )! title is lost by prescri"tion=!. )! the "ossessor is the holder in due

course o! a negotiable instrument

USU-RUCT)t is a real right by $irtue o! which a

"erson is gi$en a right to enoy the "ro"ertyo! another with the obligation o! "reser$ing its!orm and substance, unless the titleconstituting it or the law "ro$ides otherwise.(Art. 2, CC.!

Characteristics of Us,fr,ct

A Essential characteristics#. )t is a real right.%. )t is o! a tem"orary nature or

duration.

&. )ts "ur"ose is to enoy thebene!its and deri$e allad$antages !rom the obectas a consequence o! normaluse or e"loitation.

B. Nat,ral characteristic- obligation o!"reser$ing the !orm and substance

C. Acci+ental characteristics orele!ent - those which are thesubect o! sti"ulation e.g. the term o!the contract

O"5ect of Us,fr,ct#. may be real or "ersonal "ro"erty=%. may be sterile or "roducti$e !ruits=&. may be created o$er a right, as long

as it is not strictly "ersonal orintransmissible.

Us,fr,ct an+ ease *isting,ishe+asis USU-RUCT EASE

as toEDTENT

Co$ers all!ruits and use

Co$ers only"articular use

as toNATURE ofthe right

Always 0EA/right

0eal right onlyi! lease is o$erreal "ro"ertyand it isregistered !or

16


17/27


more than #year

as to theCREATOR ofthe right

Created onlyby owner

/essor may ormay not bethe owner

as to OR&0&N Constitutedby law, by willo! "ri$ate"ersonsin act inter$i$os ormortis causa,and by"rescri"tion

Constituted bycontract

as toREPA&RS

'su!ructuaryres"onsible!or

ordinaryre"airs

otres"onsible

as to TADES 'su!ructuaryres"onsible!or taes onthe !ruit

otres"onsible

Classification of Us,fr,ct

1 As to origina. /egal created by law.

b. Voluntary or Con$entional created by will o! the "arties)'t"r 8)8$# or %$rt)# *.

c. *ied or +rescri"ti$e created by both law and acto! a "erson.

# As to 6,antity or e4tent of fr,its oro"5ect

a. 3ruits total or "artialde"ending on whether allthe !ruits are gi$en or not

b. 8bect

i. 'ni$ersal o$erentire "atrimony.ii. (ingular or "articular

only indi$idualthings.

. As to n,!"er of persons en5oyingthe right

a. (im"le i! only oneusu!ructuary enoys.

b. *ulti"le i! se$eralusu!ructuaries enoy.

i. (imultaneousii. (uccessi$e

/ As to 6,ality or 3in+ of o"5ectsinole+

a. 'su!ruct o$er rights rightmust not be strictly "ersonalor intransmissible

b. 'su!ruct o$er thingsi. ormal or "er!ect

usu!ruct in$ol$esnon-consumablethings where the!orm and substanceare "reser$ed.

ii. Abnormal orim"er!ect usu!ruct in$ol$es consumable"ro"erty.

?. As to terms and conditionsa. +ure usu!ruct no term or

conditionb. Fith a "eriod or a term

i. " /)" !rom acertain day.

ii. )' /)"% u" to acertain day.

iii. " /)" )' /)"% !roma certain day u" to acertain day.

c. Fith a condition

Rights of the Us,fr,ct,ary: (A-&RE@)#. 0ight to the !ruits%. 0ight to enoy any increase in the

accession or any ser$itude&. 0ight to alienate the right o! usu!ruct>. 0ight to reco$er real "ro"erty or a

real right, or mo$ables?. 0ight to ma9e use!ul and ornamental

e"enses@. 0ight to reco$er the increase in $alue

o! the "ro"erty due to indis"ensablere"airs made

O"ligations of the Us,fr,ct,ary1 Co!!ence!ent of Us,fr,ct

a. to ma9e an in$entory o! the "ro"erty=

b. to gi$e necessary security or bondArt. ?D&, CC.

Effect of fail,re to gie sec,rityA. 2he owner may demand the

!ollowing:#. that the immo$ables be

"laced under administration=%. that the mo$ables be sold=&. that the "ublic bonds,

instruments o! credit "ayableto order or bearer becon$erted into registered

certi!icates or de"osited in aban9 or "ublic institution=

>. that the ca"ital and the"roceeds o! the sale o! the

17


18/27


mo$ables be in$ested in sa!esecurities

B. 2he owner may retain "ossession o!the "ro"erty as administrator until

security is gi$en.

C. 2o claim any matured credits !orming"art o! the usu!ruct, the usu!ructuaryshall need the authorization o! theowner o! or the court.

hen sec,rity or "on+ not re6,ire+:a. no one will be inuredb. wai$er c. usu!ructuary is the donor o! the

"ro"ertyd. in case o! usu!ruct by "arentse. in case o! caucion uratoria

Caucion juratoria

2he usu!ructuary, being unable to !ilethe required bond or security, !iles a $eri!ied"etition in the "ro"er court as9ing !or thedeli$ery o! the house and !urniture necessary!or himsel! and his !amily without any bond orsecurity Art. 4, CC

NOTE:2he same rule can be a""lied to theinstruments or tools necessary !or an

industry or $ocation which the usu!ructuary isengaged.

# Pen+ency of Us,fr,ct (SATTOE)

a. to ta9e care o! the "ro"erty as agood !ather o! a !amily= Art. 5,CC

b. to ma9e ordinary re"airs on the"ro"erty= Art. 52, CC

c. to noti!y the owner in case the need!or etraordinary re"airs on the"ro"erty is urgent= Art. ?K&, CC

d. to "ay annual taes and thoseconsidered as liens on the !ruits=Art. 5, CC

e. to noti!y the owner o! any act o! a &rd

"erson that may be "reudicial to theright o! ownershi"= Art. 01, CC

!. to "ay the e"enses, cost andliabilities in suits with regard to theusu!ruct. Art. 02, CC

. Ter!ination of Us,fr,cta. to deli$er the thing to the owner= Art.

12, CC

b. to reimburse or indemni!y owner, inthe "ro"er case.

E4ting,ish!ent of the ,s,fr,ct:(%E*PTR N REA*)

#. by +eath o! the usu!ructuaryE4ceptions:

a. in case o! multi"le usu!ructs=Art. 11, CC

b. in case there is a "eriod

!iedc. in case the contrary intentionclearly a""ears

%. by the e"iration o! the "eriod !orwhich it was constituted or the!ul!illment o! any resolutory condition

&. by !erger o! the usu!ruct andownershi" in the same "erson

>. by renunciation o! the usu!ructuary?. by the total loss o! the thing in

usu!ruct@. by the termination o! the right o! the

"erson constitution the usu!ruct. by prescri"tionD. non-!ul!illment o! a mode im"osed on

the usu!ructuaryK. rescission or annulment o! the

contract#. legal ways o! etinguishing usu!ruct##. mutual +issent#%. alienation to innocent "urchaser !or

$alue

EASE%ENT or SER'&TU*E

)t is a real right constituted on

another6s "ro"erty, cor"oreal and immo$able,by $irtue o! which the owner o! the same hasto abstain !rom doing or to allow somebodyelse to do something on his "ro"erty !or thebene!it o! another thing or "erson.L (3


19/27


K. )t cannot consist in the doing o! anact unless the act is accessory inrelation to the real easement.

CASSES O- EASE%ENT 155 BrE%#

A. As to reci"ient o! BEE3)2#. 0eal !or the bene!it o! another

immo$able belonging to a di!!erentowner, or

%. +ersonal !or the bene!it o! acommunity, or one or more "ersonsto whom encumbered estate doesnot belong

B. As to EHE0C)(E

#. Continuous those the use o! whichis or may be incessant, withoutinter$ention o! any act o! man.

%. iscontinuous used at inter$alsand de"ends u"on the acts o! man.

&. A""arent made 9nown and are9e"t in $iew by eternal signs thatre$eal the use and enoyment o! thesame.

>. on-A""arent shows no eternalindication o! their eistence.

C. As to (8'0CE

#. /egal established by law.%. Voluntary established by will o! the

owners.

. As to the '2I 83 21E (E0V)E28FE0

#. +ositi$e the ser$ient owner mustallow something to be done in his"ro"erty or does it himsel!.

%. egati$e the ser$ient owner mustre!rain !rom doing something whichhe could law!ully do i! the easementdid not eist.

%O*ES O- ACHU&R&N0 EASE%ENTS

a. )! continuous and a""arent by titleand by "rescri"tion # yearsb. )! continuous and no-a""arent by

titlec. )! discontinuous and a""arent by

titled. )! discontinuous and non-a""arent

by title

*O%&NANT ONER

Rights:#. 2o eercise all the rights necessary

!or the use o! the easement= Art.

2, CC%. 2o ma9e on the ser$ient estate all

wor9s necessary !or the use and"reser$ation o! the ser$itude= Art.24, -r. 1, CC

&. 2o renounce the easement i! hedesires to eem"t himsel! !romcontribution to necessary e"enses=Art. 2, -r. 1, CC

>. 2o as9 !or mandatory inunction to

"re$ent im"airment o! his use o! theeasement.R"#$%" 8#. L9$, 24P). 1

O"ligations:#. 1e cannot alter the easement or

render it more burdensome= Art.24, -r. 1,CC

%. 1e shall noti!y the ser$ient owner o!wor9s necessary !or the use and"reser$ation o! the ser$itude= Art.24, -r 2,CC

&. 1e must choose the most con$enienttime and manner in ma9ing thenecessary wor9s as to cause theleast incon$enience to the ser$ientowner= Art. 24, -r. 2,CC

>. 1e must contribute to the necessarye"enses i! there are se$eraldominant estates in "ro"ortion to thebene!its deri$ed !rom the wor9s. Art.2, -r. 1,CC

SER'&ENT ONER

Rights:

#. 2o retain ownershi" o! the "ortion o!the estate on which the easement isestablished ( Art. 30!

%. 2o ma9e use o! the easement ( Art.2, -r. 2!, unless there is anagreement to the contrary.

&. 2o change the "lace or manner o!the use o! the easement, "ro$ided itbe equally con$enient ( Art. 25, -r.2!

O"ligations:#. 1e cannot im"air the use o! the

easement (Art. 25, -r. 1!%. 1e must contribute to the necessary

e"enses in case he uses theeasement, unless there is anagreement to the contrary. ( Art. 2,

-r. 2!

R&0BT O- *O%&NANT ONER TO %A?ENECESSARY OR?S

2he right granted by Article @% is

subect to the !ollowing conditions:#. 2he wor9s which shall beat his e"ense- necessary !or theuse and "reser$ation o! theser$itude

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%. 2hey do not alter or renderthe ser$itude more burdensome&. 2he dominant owner,be!ore ma9ing the wor9s, mustnoti!y the ser$ient owner.

>. one at the mostcon$enient time and manner.

%O*ES O- EDT&N0U&SB%ENT O-EASE%ENTS

#. *erger o! ownershi" o! the dominantand ser$ient estate=

%. on-use !or # years=a. iscontinuous easement

!rom the time it ceased to beused.

b. Continuous easement !rom

the day on which an actcontrary to the same too9"lace.

&. Fhen either or both o! the estates!all into such condition that theeasement cannot be used=

>. E"iration o! the term or the!ul!illment o! the condition=

?. 0enunciation o! the owner o! thedominant estate=

@. 0edem"tion. E"ro"riation o! the ser$ient estateD. +ermanent im"ossibility to ma9e use

o! the easementK. Annulment or cancellation o! the

contract o! easement#. 0egistration o! the ser$ient estate as

!ree and without an encumbrance inthe 2orrens (ystem in !a$or o! aninnocent "urchaser !or $alue

##. Cessation o! necessity

E0A EASE%ENTS

2hey are im"osed by law, and whichha$e !or their obect either "ublic use or theinterest o! "ri$ate "ersons. Art. 3, CC

A. Easement 0elating to Faters Art#.34 ,CC

B. Easement o! 0ight o! Fay Arts. @>K-@?,CC

C. Easement o! +arty Fall Arts. @?D-@@@,CC

. Easement o! /ight and View Arts.@@-@&,CC

E. Easement o! Aqueduct-@@,CC

3. )ntermediate istances Arts. @-

@D#5. Against uisance Arts. @D%- @D&1. /ateral and (ubacent (u""ort Arts.

@D>-@D

Ease!ent Relating to aters

). natural drainage o! lands Art. 34)). natural drainage o! buildings Art.

4))). easement on ri"arian ban9s !orna$igation, !loatage, !ishing, sal$ageArt. 3

)V. easement o! a dam Art#. 35, 4V. easement !or drawing water or !or

watering animals Art#. 01V). easement o! aqueduct Art#. 3

V)). easement !or the construction o! a

sto" loc9 or sluice gate Art. 4

Nat,ral *rainage of an+s

/ower estates are obliged to recei$ethe waters which naturally and without theinter$ention o! man descend !rom higherestates, as well as the stones or earth whichthey carry with them. Art. 34,CC

*,ty of the Serient estate

1e cannot construct wor9s which willim"ede this easement. Art. 34,CC

*,ty of the *o!inant estate

#. 1e cannot ma9e wor9s which willincrease the burden= Art. 34,CC

%. 1e may construct wor9s to "re$enterosion= Art. 11, L $; Wt"r#

Ease!ents for *ra$ing ater or foratering Ani!als

Re6,ire!ents for Ease!ent to e4ist#. )t must be !or "ublic use.%. )t must be in !a$our o! a town or

$illage.&. 2here must be "ayment o! "ro"er

indemnity. Art. 1,CC

NOTES:Easements !or drawing water and !or

watering animals carry with them theobligation o! the owners o! the ser$ient estateto allow "assage to "ersons and animals tothe "lace where such easements are to beused, and indemnity shall include thisser$ice. Art. 1,CC

Ease!ent of A6,e+,ct

A6,e+,ct the right to ma9e water !low thruinter$ening estates in order that one mayma9e use o! said waters.

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Re6,isites to Ac6,ire Ease!ent#. )ndemnity must be "aid to the

owners o! inter$ening estates%. )! !or "ri$ate interests, the easement

cannot be im"osed on eistingbuildings, courtyards, annees, out-houses, orchards or gardens.

&. 2here must be "roo!:a. 2hat he can dis"ose o! the

water=b. 2hat the water is su!!icient !or

ther use !or which it is intended=c. 2hat the "ro"osed course is the

most con$enient and the leastonerous to third "ersons and theser$ient estate=

d. 2hat "ro"er administrati$e"ermission be obtained.

Note:3or legal "ur"oses, the easement is

considered continuous and a""arent.

Constr,ction of a Stop oc3 or Sl,ice0ate Art. 4,CC

Re6,isites#. +ur"ose must be !or irrigation or

im"ro$ement=%. 2he construction must be on the

estate o! another=

&. amages must be "aid=>. 2hird "ersons should not be

"reudiced.

Ease!ent of Right of ay

Right of $ay

)t is the easement or "ri$ilege bywhich one "erson or a "articular class o!"ersons is allowed to "ass o$er another6s

land, usually through one "articular "ath orline.

Re6,isites#. 2he estate is surrounded by estates

o! others.%. 2here is no adequate outlet to a

"ublic highway.&. 2here musts be "ayment o! "ro"er

indemnity.>. )t must be established at a "oint less

"reudicial to the ser$ient estate.?. 2he isolation must not be due to the

"ro"rietor6s own acts.

@. emandable only by the owner orone with a real right.

&n+e!nity

)! the "assage is "ermanent, "ay the$alue o! the land occu"ied by the"ath "lus damages.

)! tem"orary, "ay !or the damagescaused.

Test of A+e6,acy

2he true standard !or the grant o! thelegal right o! easement o! the right o! way isadequacy.

)! there is already an eisting outlet!rom the dominant estate to a "ublic highway,e$en i! incon$enient, the need to o"enanother is unusti!ied. C$#t6" C$r-. 8#.CA, J'. 2, 1551

Notes:

2he width o! the easement shall be thatwhich is su!!icient !or the needs o! thedominant estate. Art. 1,CC

2he width may be changed !rom time totime. Art. 1,CC

Ease!ent of a Party all

Party all it is the wall at the di$iding land

o! estates built by common agreement suchthat it occu"ies a "ortion o! both estates onequal "arts.

Pres,!ptions of e4istence:

#. )n di$iding walls o! adoiningbuildings u" to the "oint o! commonele$ation=

%. )n di$iding walls o! gardens or yardssituated in cities, towns, or in ruralcommunities,

&. )n !ences, walls and li$e hedges

di$iding rural lands. Art. 5,CC

Re",ttal of Pres,!ption:2he "resum"tion is rebutted by title,

eterior sign or "roo! to the contrary. Art.1, CC

Rights of Part O$ners:#. 'se it in "ro"ortion to the right he

may ha$e in the co-ownershi".

/imitation: he must notinter!ere with the commonand res"ecti$e uses by theother co-owners. Art.,CC

%. )ncrease the height o! the "arty wall.Art. ,CCa. at his own e"ense=

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b. u"on "ayment o! the "ro"erindemnity

c. must bear the costs o!maintenance o! the "ortionadded=

d. must "ay !or the increased costo! "reser$ation=e. must reconstruct i! original wall

cannot bear the increasedheight=

!. must gi$e additional s"ace landnecessary i! the wall isthic9ened.

Ease!ent of ight an+ 'ie$

#. Ease!ent of ight (jus luminum)the right to admit light !rom theneighboring estate by the o"ening o!a window or the ma9ing o! certaino"enings.

Re6,isitesa. *aimum size & cm. square.b. 2here must be an iron grating

imbedded in the wall.c. 2here must be a wire screen.d. 2he o"ening must be at the

height o! the ceiling oists orimmediately under the ceiling.

%. Ease!ent of 'ie$ (jus prospectus) the right to ma9e o"enings orwindows to enoy the $iew throughthe estate o! another. 2he easemento! light is necessarily included as wellas the easement o! t) '$'t$"'/), or the right not to buildhigher !or the "ur"ose o! obstruction.

Proper *istances:#. irect $iews at least two meters

distance between the wall ha$ing thewindows and the boundary line.

%. (ide or oblique $iews at least @cms. Between the boundary line andthe nearest edge o! the window.

%o+es of Ac6,isition#. By title%. By "rescri"tion

a. +ositi$e easement counted!rom the time o! the o"ening o!the windows, i! it is done througha "arty wall=

b. egati$e easement counted!rom the time o! !ormal

"rohibition u"on the owner o! theadoining land or tenement i! thewindow is through a wall on thedominant estate.(Art. ,CC

&nter!e+iate *istances

Constr,ctions

o constructions can be built or "lantingsmade near !orti!ied "laces or !ortresseswithout com"liance with the conditionsrequired in s"ecial laws, ordinances andregulations relating thereto. Art. 44, CC

Treeso trees shall be "lanted near a

tenement or "iece o! land belonging toanother, ece"t:

#. At the distance authorized byordinances or customs at the "lace,or=

%. )n the absence thereo!, at least two% meters !or tall trees and at least!i!ty ? centimetres !rom thedi$iding line o! the estates. Art. 45,CC

Notes:

Re!e+y for iolation:right to demand thatsaid trees be u"rooted.

2he distances also a""ly to treeswhich ha$e grown s"ontaneously. Art. 45,CC

&ntr,sions or e4tr,sions of ranches an+Roots:

a. Branches adacent owner has theright to demand that they be cut o!!.

b. 0oots adacent owner may cutthem o!! himsel!.

-r,its

R,les as to fr,its

#. )! the !ruits still hang on the tree owned by the tree owner.

%. )t is only a!ter the !ruits ha$eA2'0A//I !allen that they belongto the owner o! the in$aded land.

ateral an+ S,"5acent S,pport

o "erson shall ma9e sucheca$ations u"on his land as to de"ri$e anyadacent land or building o! su!!icient lateral

or subacent su""ort. Art. , CC

Any "ro"rietor intending to ma9eeca$ations shall noti!y the owners o! theadacent lands. Art. 4, CC

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'OUNTARY EASE%ENTS

2hey are constituted by the will o! the

"arties or o! a testator.

Voluntary easements are constitutedin !a$or o!:

1 Pre+ial serit,+es:

a.3or the owner o! thedominant estate=

b.3or any other "ersonha$ing any uridicalrelation with thedominant estate, i!the owner rati!ies it.

%. Personal serit,+e !oranyone ca"acitated toacce"t.

NU&SANCE

N,isance

Any act, omission, establishment,business or condition o! "ro"erty or anythingelse which:

#. inures or endangers the health andsa!ety o! other=

%. annoys or o!!ends the senses=&. shoc9s, de!ies or disregards decency

or morality=>. obstructs or inter!eres with the !ree

"assage o! any "ublic highway orstreet, or any body o! water=

?. hinders or im"airs the use o!"ro"erty. Art. 5, CC

Classification of N,isances#. Per se nuisance at all times and

under all circumstances, regardlesso! location and surroundings.

%. Per accidens considered nuisanceby reason o! circumstances, location,surrounding.

&. P,"lic a!!ects community orneighborhood or any considerablenumber o! "ersons.

>. Priate a!!ects only a "erson or asmall number o! "ersons.

*octrine of Attractie N,isance

A "erson who maintains in his"remises a dangerous instrumentality o! acharacteristic which is attracti$e to children o!tender years at "lay and who !ails to eercise

due diligence to "re$ent such children !rom"laying therewith or resorting thereto, is liableto a child who is inured thereby, e$en i! thechild is technically a tres"asser. Jr*$r"t)'7 C$r-. 8#. CA, 321


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A &ntellect,al creation

)t is mode o! acquisition by $irtue o!which the author acquires intellectual"ro"erty or ownershi" o$er the "roducts o!

his intellect, with the consequent "ower toauthorize or re!use "ublication or "roductiono! such "roducts.

Occ,pation

)t is the acquisition o! ownershi" byseizing cor"oreal things that ha$e no owner,made with the intention o! acquiring them,and accom"lished according to legal rules.

2he obect subect to occu"ation must bea""ro"riable by nature.

Re6,isites (C&COS)#. 2here must be a seizure or

a""rehension=%. 2he thing seized must be cor"oreal

"ersonal "ro"erty=&. 2here must be an intention to acquire

ownershi" o$er the thing=>. 2he thing seized must be without any

owner=?. 2here must be com"liance with the

rules "rescribed by law.

&nstances of occ,pation#. 1unting and !ishing%. 3inding o! mo$ables which do not

ha$e an owner&. 3inding o! abandoned mo$ables>. 3inding o! hidden treasure?. Catching a swarm o! bees that has

esca"ed !rom its owner, undercertain conditions

@. Catching o! domesticated animalsthat ha$e esca"ed !rom their owner,under certain conditions

. Catching o! "igeons without !raud or

arti!iceD. 2rans!er o! !ish to another breeding"lace without !raud or arti!ice

*eriatie %o+es

A S,ccession

*onation

)t is an act o! liberality whereby a"erson dis"oses gratuitously a thing or rightin !a$or o! another who acce"ts it. Art.

42,CC

C Prescription

* a$

E Tra+ition (1544 Br!

A consequence o! certain contractssuch as sale by $irtue o! which, actually or

constructi$ely, the obect is "laced in thecontrol and "ossession o! the trans!eree.

?in+s of Tra+ition:

1 Real or !aterial tra+ition Iphysical +eliery

# Constr,ctie Tra+itiona. tr/)t)$ #y%6$)* "arties

ma9e use o! a to9en orsymbol to re"resent the thingdeli$ered.

b. tr/)t)$ $'7 %'& -c. tr/)t)$ 6r"8) %'& when

the $endee already has"ossession o! the thing soldby $irtue o! another title.

d. tr/)t)$ *$'#t)t&t&%-$##"#$r)&% when the$endor continues in"ossession o! the thing soldnot as an owner but in someother ca"acity.

&. H,asitra+ition - deli$ery o!incor"oreal "ro"erty

/ y operation of la$

%O*ES O- EDT&N0U&SB&N0ONERSB&P1 'ol,ntary (AA*)

a. Abandonmentb. Alienation

i. 8nerousii. gratuitous

c. 'oluntary destruction# &nol,ntary (-AR*O)

a. -ortuitous loss or destruction

b. Accession continuac. Rescissory actionsd. Judicial +ecreee. By o"eration o! law

*ONAT&ON an act o! liberality whereby a"erson dis"oses gratuitously a thing or rightin !a$or o! another who acce"ts it. Art.42,CC

Characteristics of *onations#. consent, subect matter, cause as in

other contracts

%. the necessary !orm&. Consent or acce"tance by done

during donor6s li!etime>. )rre$ocability ece"t !or legal

causes

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?. intent to bene!it the done ')%/$''/)

@. resultant decrease in the assets or"atrimony o! the donor

Re6,isites#. decrease or reduction o! the

"atrimony o! the donor=%. increase o! the "atrimony o! the

donee =&. ')% /$''/) or intent to ma9e

donation= and>. acce"tance by the donee ece"t

/$'t)$' -r$-t"r '&-t)#

Classification of *onations

A As to effectiity#. )nter $i$os%. *ortis causa

-ro! the ie$point of occasion#. 8rdinary donation%. onation-r$-t"r '&-t)#

C As to consi+eration:#. (im"le the cause is "ure liberality=

gratuitous.%. 0emunatory:

a. to reward "ast ser$ices, "ro$ided

they do not constitute ademandable debt=

b. com"ensatory or conditional

*onation &nter 'ios an+ *onation%ortis Ca,sa *isting,ishe+

*onation INTERVIVOS

*onation ORTISCA!SA

2a9es e!!ect duringthe li!etime o! thedonor

2a9es e!!ect u"onthe death o! thedonor

*ust !ollow the

!ormalities o!donations.

*ust !ollow the

!ormalities o! wills orcodicils.

2itle or ownershi"con$eyed be!oredeath o! donor.

2itle or ownershi"con$eyed a!ter thedeath o! the donor.

*ust be acce"ted bythe donee during theli!etime o! the donor.

Can only beacce"ted a!ter thedeath o! the donor.

5enerally irre$ocableduring donor6sli!etime, ece"t !orgrounds "ro$ided bylaw. Arts. @, @?

Always re$ocable atany time be!ore thedonor6s death.

Valid i! donor shouldsur$i$e donee. Void i! donor sur$i$esdonee.

(ubect to donor6sta

(ubect to estate ta

NOTES:

onations with an onerous cause shallbe go$erned by the rules on contracts.0emunatory donations shall also be

go$erned by the rules on contracts asregards that "ortion which eceeds the $alueo! the burden im"osed. Art. 433, CC

)llegal or im"ossible conditions in sim"leand remunatory donations shall beconsidered as not im"osed. Art. 424, CC

)! the donation is mortis causa, the!ormalities !or the eecution o! wills shall becom"lied with. Art. 42, CC

Persons capacitate+ to !a3e+onations

#. 2hose who ha$e ca"acity to enterinto contracts=

%. 2hose able to dis"ose o! his"ro"erty=

&. 2hose not "rohibited or disquali!iedby law !rom ma9ing donations.

NOTES:

2he donor6s ca"acity shall be determinedas o! the time o! ma9ing the donation. Art.434, CC

M*a9ingL must be inter"reted to meanM"er!ectionL o! donation.

A donation between "ersons guilty o!adultery at the time o! the donation is $oid.

Also, Art. D, 3C, "ro$ides that the"rohibition against donation betweens"ouses now a""lies to donation between"ersons li$ing together as husband and wi!ewithout a $alid marriage !or otherwise, thecondition o! those who incurred guilt wouldbe better than those in the legal union.

t6&"' 8#. C"r8't"#, 3 . 2hose made to a "riest who heardthe con!ession o! the donor duringthe latter6s last illness or minister o!gos"el who etended s"iritual aid tohim during same "eriod=

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?. 2hose made to relati$es o! such"riest or minister within the >thdegree, the church, order to whichsuch "riest or minister may belong=

@. 2hose made by the ward to the

guardian be!ore a""ro$al o! !inalaccounts, unless the guardian is anascendant, descendant, brother, orsister=

. 2hose made to the attestingwitnesses to the eecution o!donation i! there is any, or to thes"ouse, "arents or children oranyone claiming under them=

D. 2hose made to a "hysician, surgeon,nurse, health o!!icer or druggist whotoo9 care o! donor during last illness=

K. 2hose made to indi$iduals,associations and cor"orations not"ermitted by law to acce"tdonations =

#. 2hose made by s"ouses to eachother during marriage, or to "ersonso! whom the other s"ouse is a"resum"ti$e heir. Art#. 435, 40,1024, CC '/ Art. 4, @C

NOTES:

2he adultery or concubinage need not be"ro$ed in a criminal action. )n the same ci$ilaction !or the declaration o! nullity, the guilt

may be "ro$ed by "re"onderance o!e$idence.

*inors and others who cannot enter intocontracts may become donees butacce"tance shall be done through their"arents or legal re"resentati$es. Art. 41,CC

onations made to concei$ed or unbornchildren may be acce"ted by those "ersonswho would legally re"resent them i! theywere already born.

-or!alities of *onations

*onation of %oa"le Propertya. )! $alue o! the mo$able donated

is more than +?,.:i. )t should a lways be in

writing.ii. 2he acce"tance should

also be in writing.

NOTE:

Acceptance !,st "e either:#. )n the same instrument= or%. )n another "ublic instrument, noti!y

the donor in authentic !orm, and

noted in both deeds, otherwisedonation is $oid.

b. )! the $alue o! the mo$able

donated is +?,. or less:i. Can "e !a+e orally but there must besimultaneous deli$ery o!the mo$able or thedocument re"resentingthe right donated.

ii. Can "e !a+e in $riting but the law does notrequire the acce"tanceto be in writing.

*onations of &!!oa"le Property

)t must be in "ublic instruments"eci!ying "ro"erty donated and burdensassumed by the donee regardless o! $alue.

NOTE:Acceptance !,st "e either:

#. )n the same instrument, or%. )n another "ublic instrument, but,

noti!y the donor in authentic !orm,and noted in both deeds. otherwisedonation is $oid.

Acceptance

2he donation is "er!ected !rom themoment the donor 9nows o! the acce"tanceby the donee. Art. 43, CC

Acce"tance must be made during theli!etime o! the donor and o! the donee. Art.4,CC

)! the donation and acce"tance are in thesame instrument, containing the signature o!both the donor and the done, it is understoodthat there is already 9nowledge o! the

acce"tance, hence, donation is already"er!ected. L&r"t 8#. t, P).

2he donee must acce"t the donation"ersonally, or through an authorized "ersonwith a s"ecial "ower !or that "ur"ose, or witha general and su!!icient "ower, otherwise, thedonation shall be $oid. Art. 4, CC

i!itations:#. onations cannot com"rehend !uture

"ro"erty. Art. 41, CC%. o "erson may gi$e or recei$e, by

way o! donation, more than what hecan gi$e by $irtue o! a will. Art. 42,CC

&. 2he donation should not beino!!icious.

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)t should not im"air thelegitime. 2he heirs o! the donor ha$e? years !rom the death o! the donorto re$o9e or reduce the donation

>. 2he donation should not "reudicecreditors.

2he creditors thereby"reudiced ha$e > years !rom the9nowledge o! the donation to rescindthe donation **)$' -&)'.

?. 2he donation should not im"airsu""ort !or the donor and his !amily.

Can be reduced as much as may be:N"*"##ry - )n etreme cases, thedonation can be re$o9ed i! the donorga$e away so much, and the donorand his !amily need e$erything bac9.

Pay!ent of +e"ts "y the *onee

#. )! there is e"ress sti"ulation, thedonee shall "ay only debtscontracted be!ore the donation, i! nototherwise s"eci!ied= but the doneeanswers only u" to the $alue o! the"ro"erty donated, i! no sti"ulation ismade to the contrary.

%. )! there is no sti"ulation as to"ayment o! debts, the donee shall beres"onsible there!or when thedonation has been made in !raud o!creditors. Art. 45, CC

Re+,ction an+ Reocation of *onations

0ro,n+s for Re+,ction:#. Birth, ado"tion, rea""earance Art.

40

%. )no!!iciousness Art. 441&. )! insu!!icient "ro"erty is le!t !or thesu""ort o! the donor and his relati$esArt. 40

>. )! made in !raud o! creditors. Art.134

NOTES:

8nly those who at the time o! the donor6sdeath ha$e a right to the legitime and theheirs and successors-in-interest may as9 !orthe reduction o! ino!!icious donations. E$yI%-"r) 8#. CA "t ., O*t. , 1555

Prescriptie perio+: within # years !romthe time o! the death o! the donor becausethis is an obligation created by law.

Reason: )t is only a!ter the death o! thedonor that the net estate may be ascertainedand on which basis, the legitimes may bedetermined. t"$ 8#. L7&, 25

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