property reviwer

8/17/2019 Property Reviwer

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2B Reviewer in Property2010

PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

Title I. - CLASSIFICATION OF PROPERTY

PRELIMINARY PROVISIONS

Art. 414. All thin! "hi#h $re %r &$' (e the %()e#t %* $++r%+ri$ti%n $re#%n!iere either

1/ I&&%0$(le %r re$l +r%+ert' %r

2/ M%0$(le %r +er!%n$l +r%+ert'.

Pr%+ert' 3 branch of civil law which classifies and defines the different kindsof appropriable objects, provides for their acquisition and loss, and ingeneral, treats of the nature and consequences of real rights.

Thin 3 broader in scope for it includes both appropriable and non-

appropriable objects

Cl$!!i*i#$ti%n! %* thin1. Res nullius – things belongs to no one

Re$!%n It has not yet been appropriated; owner had abandonedwith intention of no longer owning the thing

2. Res counes – owned by everybody and that its use andenjoyent are given to all ankind e. g. wind, sunlight, starlight

. Res alicujus – objects, tangible or intangible, which are ownedprivately, either in a collective or individual capacity

Cl$!!i*i#$ti%n %* Pr%+ert'

1. !obility and non-obilitya. !ovable" personal propertyb. Iovable" real property

2. #wnershipa. $ublic doinionb. $rivate doinion

. %lienabilitya. &ithin the coerce of anb. #utside the coerce of an

4. '(istencea. $resent propertyb. )uture property

5. !ateriability " Iateriablitya. *orporeal

b. Incorporeal6. +ependence or Iportance

a. $rincipalb. %ccessory

7. *apability of ubstitution

a. )ungibleb. on- fungible8. ature of definiteness

a. enericb. pecific

9. *ustodya. In custodia legis /custody of court0 – when it has been sei1ed by

an officer under a writ of attachent or under a writ of e(ecutionb. )ree property

Ch$r$#teri!ti#!

• 2tility for the satisfaction of oral or econoic wants

•usceptibility of appropriation

• Individuality

:;e!ti%n Is the huan body real or personal property3An!"er whether alive or dead, the huan body is 'I45'R real nor personal propertyRe$!%n the huan body is not a property

5owever, as stated in the Or$n D%n$ti%n A#t %* 19911, donation of all or part of a huan body is allowed #67 %)4'R +'%45 of the personwho is at least 89 years old and is of sound ind when the said legacy wase(ecuted.

CHAPTER 1IMMOVA


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/ E0er'thin $tt$#he t% $n i&&%0$(le in $ *i>e &$nner, in!;#h $ "$' th$t it #$nn%t (e !e+$r$te there *r%& "ith%;t(re$=in the &$teri$l %r eteri%r$ti%n %* the %()e#t

4/ St$t;e!, relie*!, +$intin! %r %ther %()e#t! *%r ;!e %r

%rn$&ent$ti%n, +l$#e in (;ilin! %r %n l$n! (' the %"ner %* the i&&%0$(le in !;#h $ &$nner th$t it re0e$l! the intenti%n t%$tt$#h the& +er&$nentl' t% the tene&ent!

5/ M$#hiner', re#e+t$#le!, in!tr;&ent! %r i&+le&ent! intene(' the %"ner %* the tene&ent *%r $n in;!tr' %r "%r=! "hi#h&$' (e #$rrie %n in $ (;ilin %r %n $ +ie#e %* l$n, $n "hi#hten ire#tl' t% &eet the nee! %* the !$i in;!tr' %r "%r=!

6/ Ani&$l h%;!e!, +ie%n-h%;!e!, (eehi0e!, *i!h +%n! %r (reein +l$#e! %* !i&il$r n$t;re, in #$!e their %"ner h$!+l$#e the& %r +re!er0e! the& "ith the intenti%n t% h$0e the&

+er&$nentl' $tt$#he t% the l$n, $n *%r&in $ +er&$nent +$rt%* it the $ni&$l! in the!e +l$#e! $re in#l;e

7/ Fertili?er $#t;$ll' ;!e %n $ +ie#e %* l$n

8/ Mine!, @;$rrie!, $n !l$ ;&+!, "hile the &$tter there%* *%r&! +$rt %* the (e, $n "$ter! either r;nnin %r !t$n$nt

9/ D%#=! $n !tr;#t;re! "hi#h, th%;h *l%$tin, $re intene(' their n$t;re $n %()e#t t% re&$in $t $ *i>e +l$#e %n $ ri0er,l$=e, %r #%$!t

1/ C%ntr$#t! *%r +;(li# "%r=!, $n !er0it;e! $n %ther re$lriht! %0er i&&%0$(le +r%+ert'.

I&&%0$(le Pr%+ert' 3 the law did not e(actly define what an iovableproperty is and instead it gave an enueration. 5owever, generally aniovable property is soething which is firly fi(ed, settled or fastened ina definite place.

Cl$!!i*i#$ti%n1. :y nature

2. :y incorporation. :y destination or purpose

4. :y analogy

P$r$r$+h 1L$n 3 %ny portion, large or sall, of the surface of the earth, considered byitself, or as belonging to an individual or a people, as a country, estate, far,

or tract.

#e+ti%n cases of uprooted tiber in a tiber land or forest

P$r$r$+h P$r$r$+h 4*annot be separated fro iovable

without breaking or deterioration*an be separated fro iovablewithout breaking or deterioration

eed not be placed by the owner !ust be placed by the owner, or byhis agent, e(press or iplied

Real property by incorporation Real property by incorporation anddestination

P$r$r$+h 5Re@;i!ite!

$. 4he placing !24 be ade by the owner of the teneent, his agent,or duly authori1ed legal representative


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(. 4he industry or works ust be carried on in the building or on theland

#. 4he achines ust tend directly to eet the needs of said industryor works

. 4he achines ust be essential or principal eleents in the industry,

and not erely incidental.

E**e#t %* !e+$r$ti%nIf the achine is still in the building, but is no longer used in the

industry conducted therein, the achine reverts to the condition of a chattel.If still needed for the industry, but separated fro the teneent

teporarily, the property continues to be iovable or real property bydestination or purpose.

P$r$r$+h 6:;e!ti%n uppose the anials are teporarily outside, are they iovableor ovable3

An!"er 4hey ay still be considered as real property as long as the intentto return is present. 5owever, in *riinal 6aw it is deeed otherwise sincethey can be object of theft or robbery.

CHAPTER 2MOVA#l;!i%n 3 the object is not one of those enuerated in %rticle =8>.

Art. 417. The *%ll%"in $re $l!% #%n!iere $! +er!%n$l +r%+ert'1/ O(li$ti%n! $n $#ti%n! "hi#h h$0e *%r their %()e#t&%0$(le! %r e&$n$(le !;&! $n

2/ Sh$re! %* !t%#= %* $ri#;lt;r$l, #%&&er#i$l $n in;!tri$lentitie!, $lth%;h the' &$' h$0e re$l e!t$te.

E>$&+leP$r$r$+h 1

$roissory ote and the right to collect

Art. 418. M%0$(le +r%+ert' i! either #%n!;&$(le %r n%n#%n!;&$(le. T%

the *ir!t #l$!! (el%n th%!e &%0$(le! "hi#h #$nn%t (e ;!e in $&$nner $++r%+ri$te t% their n$t;re "ith%;t their (ein #%n!;&e t%the !e#%n #l$!! (el%n $ll the %ther!.

C%n!;&$(le 3 this cannot be used according to its nature without beingconsued

N%n- #%n!;&$(le 3 any other kind of ovable property

CHAPTER PROPERTY IN RELATION TO THE PERSON TO WHOM IT


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P;(li# D%&ini%n 3 ownership by the tate; eans ownership by the publicin general

in!$. )or public use

(. )or public service#. )or the developent of national wealth

Ch$r$#teri!ti#! 4hey are outside the coerce of an

4hey cannot be acquired prescription

4hey cannot be registered under the 6and Registration 6aw and be

subject of a 4orrens 4itle 4hey, as well as their usufruct, cannot be levied upon by e(ecution,

nor can they be attached 4hey can be used by everybody

P;(li# L$n! 3 used to describe so uch of the national doain under the6egislative $ower of *ongress as has not been subjected to private right or devoted to public use.

Art. 421. All %ther +r%+ert' %* the St$te, "hi#h i! n%t %* the #h$r$#ter !t$te in the +re#ein $rti#le, i! +$tri&%ni$l +r%+ert'.

P$tri&%ni$l Pr%+ert' 3 is the property owned by the tate which is notdevoted to public use, public service, or the developent of the nationalwealth. It is wealth owned by the tate in its private capacity.

Arti#le 422

Pr%+ert' %* +;(li# %&ini%n, "hen n% l%ner intene *%r +;(li# ;!e %r *%r +;(li# !er0i#e, !h$ll *%r& +$rt %* the +$tri&%ni$l territ%r' %* the!t$te.

N%teIn the case of Faustino v. Dir of Lands, the court ruled that only the executiveand possibly the legislative departments have the authority and power tomake the declaration that any land so gained by the sea is not necessary for the purposes of public utility, or for the establishment of special industries or for coast guard service. If no such declaration has been made by the said departments, the lot in question forms part of the public domain.”

-5ence, it continues to be a part of public doain without such declaration,and cannot be a subject of acquisition.

-4he land can be registered in the nae of a buyer after a public auction solong as it is already deeed as a patrimonial property of the state2 .

-Rule for %bandoned River :eds? 2nder %rt. =@8, an abandoned river bed

belongs not to the state, but to the private land owner whose land is nowoccupied by the changed course, in proportion to the area lost.

Arti#le 42The +r%+ert' %* +r%0in#e!, #itie!, $n &;ni#i+$litie! i! i0ie int%+r%+ert' *%r +;(li# ;!e $n +$tri&%ni$l +r%+ert'.

N%te$roperties for $olitical ubdivisions /PROP-PAPRO/

1. Pr%perty for P;blic use2. P$trionial Pr%perty

-$roperty for public use #$nn%t (e $lien$te $! !;#h, $n #$nn%t (e$#@;ire thr%;h +re!#ri+ti%n.

-$atrionial $roperty &$' (e $lien$te $n &$' (e $#@;ire (' %ther!thr; +re!#ri+ti%n.

-4he ational overnent ay %n$te property to a unicipality and ayown the sae !in#e the &;ni#i+$lit' i! $ );rii#$l +er!%n #$+$(le %* $#@;irin +r%+ertie!.

-4he unicipality ay use it as for public use or patrionial property,depending on the propertyAs use.

B4he NATIONAL BOVERNMENT is different fro BOVERNMENT OF THEPHILIPPINES since the latter encopasses the local governents and other governental entities. 4he forer is a ter referring to the governentAsfunction at a national level only like the '(ecutive, legislative, and Cudicial:ranches.

*onversion? $roperty for public use, when no longer intended for suchfunction, becoes patrionial and can be acquired by ownership.

Arti#le 424

2 Cebu Oxygen v. Bercilles


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Pr%+ert' *%r +;(li# ;!e, in the +r%0in#e!, #itie!, $n &;ni#i+$litie!#%n!i!t %* +r%0in#i$l r%$!, #it' !treet!, &;ni#i+$l !treet!, the !@;$re!,*%;nt$in!, +;(li# "$ter!, +r%&en$e!, $n +;(li# "%r=! *%r +;(li#!er0i#e +$i *%r (' !$i +r%0in#e!, #itie!, %r &;ni#i+$litie!.

All %ther +r%+ert' +%!!e!!e (' $n' %* the& i! +$tri&%ni$l, $n !h$ll(e %0erne (' thi! #%e, "ith%;t +re);i#e t% the +r%0i!i%n! %* !+e#i$ll$"!.

N%te %rt. =D= classifies the properties of provinces, cities, and unicipalities intotwo? $ublic 2se and $atrionial $roperty

$ublic 2se PCM-SF-P/-Provincial roads-#ity streets-&unicipal streets

-the !quares-* ountains-+ublic waters-+roenades-+ublic works for public service paid by the $.*.!. /provinces, cities, andunicipalities0

%ll those n%t (el%nin t% the $*%re&enti%ne are considered to beP$tri&%ni$l Pr%+ertie!.

:asis of *lassification? the ational overnent still controls the dispositionof properties of political subdivisions /regardless of the use to which they aredevoted0 provided that the properties *%!' )R#! 45' 4%4'. In the$(!en#e %* th$t +r%%* that the province, city, or unicipality $#@;ire the+r%+ertie! with their %"n *;n!, such are deeed to be a property of thestateE

-If the private land is donated to a town and ade into a pla1a, it (e#%&e! $+ri0$te +r%+ert' *%r +;(li# ;!e.

-ational properties, those properties of public doinion, ay not beregistered by a unicipality under its own nae, even though it is situated inthat certain unicipality.

3 Salas v. Jarencio

-4he townAs patrionial property is adinistered, at least insofar as liability tothird persons is concerned, in the sae way as property of a publiccorporation.

Art. 425

Pr%+ert' %* +ri0$te %"ner!hi+, (e!ie! the +$tri&%ni$l +r%+ert' %* theSt$te, +r%0in#e!, #itie!, $n &;ni#i+$litie!, #%n!i!t! %* $ll +r%+ert'(el%nin t% +ri0$te +er!%n!, either ini0i;$ll' %r #%lle#ti0el'.

N%te-Pri0$te +r%+ertie!-are those properties that belong to private personswhether individually or collectively.-C%lle#ti0it'-refers to ownership by private individuals as co-owners, or bycorporations, partnerships, or other juridical persons /such as foundations0,who are allowed by the *ivil *ode to possess and acquire properties /%rt.==-=F0.

%rt. ==-4he following are juridical persons?8. 4he tate and its political subdivisions;D. #ther corporations, institutions and entities for public interest or purpose,created by law; their personality begins as soon as they have beenconstituted according to law;E. *orporations, partnerships, and associations for private interest or purpose to which the law grants a juridical personality, separate and distinctfro that each shareholder, partner, or eber.

%rt. =>-Curidical persons entioned in os. 8 and D of the preceding articleare governed by the laws creating or recogni1ing the.

$rivate corporations are regulated by laws of general application on thesubject.

$artnerships and associations for private interest or purpose are governed bythe provisions of this *ode concerning partnerships.

%rt. =@-Curidical persons ay acquire and possess property of all kinds, aswell as incur obligations and bring civil or criinal actions, in confority withthe laws and regulations of their organi1ation.

%rt. =F-2pon the dissolution of corporations, institutions and other entities for public interest or purpose entioned in o. D of %rticle ==, their property andother assets shall be disposed of in pursuance of law or the charter creatingthe. If nothing has been specified on this point, the property and other


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assets shall be applied to siilar purposes for the benefit of the region,province, city or unicipality which during the e(istence of the institutionderived the principal benefits fro the sae.

-E**e#t %* P%!!e!!i%n (' Pri0$te Per!%n! carries an ieorial

presuption that the land has never been a part of the public doain, or thatit had been property even before the panish conquest. %n allegation to thiseffect is a sufficient averent of private ownership. =

-Roads ay be public or private. If the person constructs on his own land aroad, and when the governent spent nothing for the construction of theroad, it is private.

-If lands lie within a ilitary 1one, it does not necessarily becoe a propertyof public doinion.

N%te %rticle @@F-*opliance with the requireents for fortified places in

the 1one.

-Iproveents constructed during the Capanese #ccupation by theCapanese ary on private lands do not belong to the owner but to the$hilippine governent which eerged as victor in the last world war.-uch iproveents ay refer to railroad tracks or to passageways for airplanes.

- %n autoobile sei1ed fro a )ilipino during the occupation does notbecoe a property of the state, and if sold in a public auction, the owner ayrecover fro the buyer.

-4orrens 4itle ay be a proof of ownership.-$ayent of land ta( is n%t $n e0ien#e %* %"ner!hi+ on a parcel of land inwhich the payent is ade, especially when the parcel of land is covered by4orrens 4itle in the nae of another.

BBBB-%n alien has had no right to acquire since the date of effectivity of the$hilippine *onstitution, any public or private agricultural, coercial, or residential lands /e(cept by hereditary sucession0.

-4his constitutional prohibition is A


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EnjoyentDispositionRecovery

in! %* O"ner!hi+

-F;ll O"ner!hi+ /D%&ini;& or GS IN RE PROPIA/-4his includes all therights of an owner.-N$=e O"ner!hi+ /N;$ Pr%+riet$!/-this is ownership where the right tothe use of the fruits has been denied.

F%r&;l$? aked #wnership G 2sufructH)266 #&'R5I$ 2sufructH )266 #&'R5I$-%'+ #&'R5I$ aked #wnershipH)266 #&'R5I$-22)R2*4

S%le O"ner!hi+ - where ownership is vested only in one person.C%-%"ner!hi+ - when the ownership is vested in two or ore owners.!anresa says? 4he concept of co-ownership is unity of the property, and

plurality of the subjects. 'ach co-owner together with the co-owners, is theowner of the whole, and at the sae tie, the owner of an undivided aliquotpart thereof.<

P%!!e!!%r' In*%r&$ti%n In*%r&$#i%n P%!!e!!%ri$0 - duly recorded in theRegistry of $roperty is prima facie evidence that the registered possessor isalso the owner of the land involved.

Art. 428The %"ner h$! the riht t% en)%' $n i!+%!e $ thin "ith%;t %ther li&it$ti%n! th$n th%!e e!t$(li!he (' the l$".

The %"ner h$! $l!% $ riht %* $#ti%n $$in!t the h%ler $n +%!!e!!%r %* the thin in %rer t% re#%0er it.

RIBHTS OF THE OWNER NDER THE CIVIL LAW EDRe-PF-C%En/

EDRe-right to Enjoy-right to Dispose-right to Recover and vindicate

4he right to enjoy includes?PF-right to Possess-right to se

-right to the Fruits

4he right to dispose includes?C%En-the right to C%nsue or destroy or abuse

-the right to Encuber or alienate

RIBHTS OF AN OWNER NDER THE ROMAN LAW %. Cus $ossidendi /Righ to possess0:. Cus 2tendi /the right to use0*. Cus )ruendi /the right to the fruits0+. Cus %butendi /the right to consue, also to transfor or abuse0'. Cus +ispodendi /the right to dispose0). Cus Jindicandi /the right to recover0

Cus $ossidendi-right to hold a thing or to enjoy a right.'(. If icolo leases his house to espher, espher has the right to

physically possess the house as long as she coplies with the contract. If icolo ejects her forcibly fro the house, she can file an action even thoughhe is the owner.

Cus 2tendi-includes the right to e(clude any person, as a rule, fro theenjoyent and disposal thereof. The %"ner-+%!!e!!%r &$' ;!e !;#h*%r#e $! &$' (e re$!%n$(l' ne#e!!$r' t% re+el %r +re0ent $n $#t;$lthre$tene ;nl$"*;l +h'!i#$l in0$!i%n %r ;!;r+$ti%n %* +r%+ert'.-On the %ther h$n, $n %"ner &$' n%t ;!e !;#h &$nner t% in);re theriht! %* $ thir +er!%n.

Cus )ruendi-natural, industrial, or civil fruits /see %rt. ==80

Cus %butendi-ore of the right to consue than the right to abuse.

E>.

- If C! burns his house in an isolated place and caused no har toother persons, he ay do so. 5owver, if C! burns his house situated in acrowded street, and caused daages to the neighborhood, he is liable for the daages.

-%rt, a illionaire and a father of ten, ay dispose his wealth toeveryone in the world, so long as he has sufficient eans reaining tosupport his ten children.


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Cus +isponendi-the right to donate, to sell, to pledge, or to ortgage. It issufficient that he is the owner at the tie of the delivery.

Cus Jindicandi-the right to recover -the owner has also a right of action against the holder and

possessor of the thing in order to recover it.


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-It is perissible to file both a reivindicatoria and for detainer over the saeland, and between the sae parties, because the issues involved aredifferent.

-'(ecution on the detainer can issue as soon as the judgent thereon

becoes final, even if the reivindicatory action is still pending.

Writ %* In);n#ti%n-% person deprived of his possession of real or personal property is ordinarilynot allowed to avail hiself of the reedy of preliinary, preventive or prohibitory Injunction, the reason being that the defendant in actualpossession is presued disputably to have the better right.-2nder the *ivil *ode, however, under certain conditions, and in view of thefrequent delays in cases of this nature, the reedy of the Writ %* Preli&in$r' M$n$t%r' In);n#ti%n &$' (e $0$ile %* in the %riin$l #$!e%* *%r#i(le entr' $n ;rin the $++e$l, in #$!e %* ;nl$"*;l et$iner.

Writ %* P%!!e!!i%n-2sed in connection with the 6and Registration 6aw is an order directing thesheriff to place a successful registrant under the 4orrens yste in

possession of the property covered by a decree of the court.-4hus, it is not essential for the successful litigant to institute another actionfor the precise purpose of obtaining possession of the land, otherwise therewould be ultiplicity of suits.

LIMITATIONS OF OWNERSHIP-4hose given by the tate or the 6aw /e.g. tate-police power, power of ta(ation, power of einent doain; 6aw-legal easeent of water, legaleaseent of right of way-4hose given by the owner /or grantee0 hiself /e.g. #wner-lease; grantor-the donor ay prohibit the donees fro partitioning the property for a periodnot e(ceeding twenty years0.

P%li#e P%"er - right of the state to regulate and restrict personal andproperty rights for the coon weal.- power to prescribe regulations to proote the health, orals, education,good order or safety, and the general welfare of the people.- solus populi suprema lex /the welfare of the people is the supree law0

E!!enti$l Re@;i!ite!-the interests of the public in general, as distinguished fro a particular class,require such interference;

-the eans should be reasonably necessary for the accoplishent of thepurpose, and not unduly oppressive upon individuals.-Jested to the congress but ay be delegated to unicipal corporations asthe need arises for general welfare.<

T$>$ti%n - is the inherent power of a state to raise incoe or revenue todefray necessary governental e(penses for a public purpose.

Art. 429The %"ner %r l$"*;l +%!!e!!%r %* $ thin h$! the riht t% e>#l;e $n'+er!%n *r%& the en)%'&ent $n i!+%!$l there%*. F%r thi! +;r+%!e, he&$' ;!e !;#h *%r#e $! &$' (e re$!%n$(l' ne#e!!$r' t% re+el %r +re0ent $n $#t;$l %r thre$tene ;nl$"*;l +h'!i#$l in0$!i%n %r ;!;r+$ti%n %* hi! +r%+ert'.

N%teD%#trine %* Sel*-Hel+? right to counter in certain cases, force with force. elf

–+efense /%rt. 88, $ar. 8 of the R$*, +efense of $roperty0

'(. *hot sees :, a thief, driving his otorcycle away. : is ared with gunand ais at shooting *hot. *hot ay use reasonable force necessary to gethis otorcycle back fro :. If *hot does this at the every oent, he is

justified fro liability.If *hot loses sight of the thief and will see hi five days later, and decides touse force, he will no longer be justified fro the criinal liability that ayarise fro his forceful actions.

Art. 4. E0er' %"ner &$' en#l%!e %r *en#e hi! l$n %r tene&ent! ('&e$n! %* "$ll!, it#he!, li0e %r e$ hee!, %r (' $n' %ther &e$n!"ith%;t etri&ent t% !er0it;e! #%n!tit;te there%n.

Li&it$ti%n 4he owner ay have a right to fence his estate; he !24 #4ipair the servitudes or burdens constituted thereon.> 5e ust alwaysconsider the rights of the owners of the properties adjoining his.

Art. 41. The %"ner %* $ thin #$nn%t &$=e ;!e there%* in !;#h &$nner $! t% in);re the riht! %* $ thir +er!%n.

4his provision was based on the inherent power of the tate,POLICE POWER, as e(pressed in the 6atin !a(i? sic utere tuo ut alienum

5 Lunod v. Meneses 11 P!i". 128


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non laidas* . %n e(aple for this article would be? %, as owner of a house, hasthe right to burn down her house for it is her property. 5owever, if her houseis located in !anila where there would be other properties that would beaffected, she cannot therefore e(ercise such right.

Art. 42. The %"ner %* $ thin h$! n% riht t% +r%hi(it the inter*eren#e%* $n%ther "ith the !$&e, i* the inter*eren#e i! ne#e!!$r' t% $0ert $ni&&inent $ner $n the thre$tene $&$e, #%&+$re t% the $&$e$ri!in t% the %"ner *r%& the inter*eren#e, i! &;#h re$ter. The %"ner &$' e&$n *r%& the +er!%n (ene*ite ine&nit' *%r the $&$e t%hi&.

Bener$l R;le % person cannot interfere with the right of ownership of another.

E>#e+ti%n Arti#le 42 allows interference with anotherAs property under certain circustances.

4his article refers to a state of necessity. 2nder the R$*, it isconsidered as a justifying circustance, but this does not e(ept theoffender fro civil liability. %s stated in R$*F, this is applicable if for e(aplethere is a fire and in order to prevent it fro spreading, fireen ay destroybarong-barongs between the fire and the shacks so as to stop the fire. 4heowners of the barong-barongs have no right to interfere. 5owever, theowners of the buildings saved will have to copensate the owners of theshacks destroyed.

Re@;i!ite!1. 4he interference ust be necessary.

a. It includes all acts to another property including its destruction if necessary to avoid the danger or daage.

b. If it is disproportionate to the necessity of averting the danger then it is unlawful interference.

6 #o use your own $s not to in%ure $not!er&s property.7 Arti'"e 11 4. Any person w!o in order to $void $n evi" or in%ury does not

$'t w!i'! '$uses d$($)e to $not!er provided t!$t t!e *o""owin) re+uisites$re present,-irst. !$t t!e evi" sou)!t to /e $voided $'tu$""y eists,

#e'ond. !$t t!e in%ury *e$red /e )re$ter t!$n t!$t done to $void it, !ird. !$t t!ere /e no ot!er pr$'ti'$" $nd "ess !$r(*u" (e$ns o*

preventin) it.

c. It is not necessary that the person acting in a state of necessityto be free fro negligence or istake.

2. +aage to another uch greater than daage to property.

Art. 4. A#t;$l +%!!e!!i%n ;ner #l$i& %* %"ner!hi+ r$i!e! i!+;t$(le+re!;&+ti%n %* %"ner!hi+. The tr;e %"ner &;!t re!%rt t% );i#i$l+r%#e!! *%r the re#%0er' %* the +r%+ert'.

4his article applies to both iovable and ovable properties.2nder this article, one who clais to be the owner of a property possessedby another ust bring the appropriate judicial action for its physical recovery.

G;i#i$l +r%#e!! 3 as used in this article would ean no less than anejectent suit or reinvindicatory action, in which the ownership clais of thecontending parties ay be properly heard and adjudicated.

Re@;i!ite! t% r$i!e i!+;t$(le +re!;&+ti%n %* %"ner!hi+1. 4here ust be actual possession of the property2. 4he possession ust be under clai of ownership

Art. 44. In $n $#ti%n t% re#%0er, the +r%+ert' &;!t (e ienti*ie, $n the+l$inti** &;!t rel' %n the !trenth %* hi! title $n n%t %n the "e$=ne!!%* the e*en$nt! #l$i&.

Re@;i!ite! in $n $#ti%n t% re#%0er1. $roperty ust be identified2. Reliance on title of the plaintiff.

ote? 4his is because it is possible that neither plaintiff nor defendant

is the true owner of the property is question.

E0ien#e "hi#h &$' (e +re!ente$. 4orrens *ertificate(. 4itles granted by the panish overnent#. 6ong and actual possession. #ccupation of a building for a long tie without paying rentals

there for e. 4estiony of adverse and e(clusive possession of ownership

corroborated by ta( declaration of properties, payent of ta(es,and deeds of ortgage

5owever, these ay be adissible evidence but they are notconclusive proof of evidence. 4hey ay be rebutted or defeated.


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4he burden of proof lies on the party who substantially asserts theaffirative of an issue. )or he who relies upon e(istence of a fact should becalled upon to prove the fact.9

Art. 45. N% +er!%n !h$ll (e e+ri0e %* hi! +r%+ert' e>#e+t ('#%&+etent $;th%rit' $n *%r +;(li# ;!e $n $l"$'! ;+%n +$'&ent %* );!t #%&+en!$ti%n.

Sh%;l thi! re@;ire&ent (e n%t *ir!t #%&+lie "ith, the #%;rt! !h$ll+r%te#t $n, in $ +r%+er #$!e, re!t%re the %"ner in hi! +%!!e!!i%n.

E&inent %&$in 3 otherwise known as the superior right of the tate to owncertain properties under certain conditions

- % liitation on the right of ownership, and ay be e(ercised evenover private properties of cities and unicipalities, and even over lands registered with 4orrens title.

- Right of the tate to acquire private property for public use uponpayent of just copensation.- *opared to e(propriation, the latter is the procedure thru which the

right of the tate is e(ercised

Re@;i!ite!1. 4aking by copetent authority2. #bservance of due process of law

2nder the *onstitution, no person shall be deprived of life,liberty, or property without ;e +r%#e!! %* l$".9

Pr%#e;r$l ;e +r%#e!! 3 it is the ethod or anner by which the

law is enforced.

Re@;i!ite!$. 4he owner ust be given due notice and hearing in e(propriation

proceedings(. 5e should be given full opportunity to present his side on such

questions

. 4aking for public use4. $ayent of just copensation

8 R$('$r n'. v. $r'i$ L16997 19629 Arti'"e #e'. 1 1987 onstitution

G;!t C%&+en!$ti%n 3 the equivalent for the value of the property at the tieof the taking. It eans a fair and full equivalent for the loss sustained, whichis the easure of the indenity, not whatever gain would accrue to thee(propriating entity. It needs to be propt in order to be just, because if payent is delayed, the owner is ade to suffer the consequence of being

iediately deprived of his property while being ade to wait before actuallyreceiving the aount necessary to cope with his loss.

Ben. R;le hould the requireents for the e(ercise of einent doain benot first coplied with, the courts shall protect, and in a proper case, restorethe owner in his possession.

E>#e+ti%n&hen there is estoppel or acquiescence on part of the owner.

Art. 46. When $n' +r%+ert' i! #%ne&ne %r !ei?e (' #%&+etent$;th%rit' in the intere!t %* he$lth, !$*et' %r !e#;rit', the %"ner there%* !h$ll n%t (e entitle t% #%&+en!$ti%n, ;nle!! he #$n !h%" th$t !;#h#%ne&n$ti%n %r !ei?;re i! ;n);!ti*ie.

4his article is based on police power as based on the a(i, thewelfare of the people is the supreme law of the land. Cust copensation isnot necessary for the tate to e(ercise such power. It does not only refer tocondenation and sei1ure, but also to total destruction itself, +r%0ie thatthe +;(li# intere!t i! !er0e and the &e$n! ;!e $re n%t ;n;l' h$r!h,$(;!i0e, %r %++re!!i0e.8K

E>er#i!e %* P%li#e P%"erE>$&+le!-abate nuisances-destroy a house so that the fire would not spread-require teneents to be connected to city sewers-prohibit sale of )resh !eat outside $ublic !arket-regulate the killing of huan consuption of large cattle still fit for work-reove billboards which are offensive to sight-deand buildings be constructed so as to public street or alley or anapproved private street or alley-regulate interest rates and prohibit usury in any for-require perit before an owner of land bordering governent property ayfence off his land

10 .#. v. ori/io 15 P!i". 85


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Art. 47. The %"ner %* $ +$r#el %* l$n i! the %"ner %* it! !;r*$#e $n %* e0er'thin ;ner it, $n he #$n #%n!tr;#t there%n $n' "%r=! %r &$=e$n' +l$nt$ti%n! $n e>#$0$ti%n! "hi#h he &$' ee& +r%+er, "ith%;tetri&ent t% !er0it;e! $n !;()e#t t% !+e#i$l l$"! $n %rin$n#e!. He#$nn%t #%&+l$in %* the re$!%n$(le re@;ire&ent! %* $eri$l n$0i$ti%n.

Ben. R;le 4he owner of a parcel of land to construct any works or akeplantations and e(cavations on his land; subject to the followingrequireents?

a. '(isting servitudes or easeentsb. pecial laws e.g. Regalian +octrine that all minerals and other

natural resources found either in public or private lands areowned by the +tate.

c. 6ocal ordinancesd. Reasonable requireents of aerial navigatione. Rights of third persons

Art. 48. Hien tre$!;re (el%n! t% the %"ner %* the l$n, (;ilin, %r %ther +r%+ert' %n "hi#h it i! *%;n.

Ne0erthele!!, "hen the i!#%0er' i! &$e %n the +r%+ert' %* $n%ther,%r %* the St$te %r $n' %* it! !;(i0i!i%n!, $n (' #h$n#e, %ne-h$l* there%* !h$ll (e $ll%"e t% the *iner. I* the *iner i! $ tre!+$!!er, he!h$ll n%t (e entitle t% $n' !h$re %* the tre$!;re.I* the thin! *%;n (e %* intere!t t% !#ien#e %* the $rt!, the St$te &$'$#@;ire the& $t their );!t +ri#e, "hi#h !h$ll (e i0ie in #%n*%r&it'"ith the r;le !t$te.

-ay be found on? land, building or any other property

-by chance also eans by good luck

-if one is looking for treasure at anotherAs property, perission is needed andthe finder is entitled to L share

4R'$%'R is a stranger without a right over the property in whichtreasure is found and not given perission to look for treasures

-when finder was eployed to look for a treasure, he is not entitled to anyshare but only his %6%R7 or &%'

11 Arti'"e #e'. 2 1987 onstitution

-if a lessee or usufruct found treasure in the land, he is entitled to L share;but if another person found the treasure, the latter gets the L share and theother half to the owner of land

BENERAL RLE 4o the owner of the land, building or other property to

which it is found belongs the hidden treasure.

ECEPTIONS 4he finder is entitled to L share provided?8. +iscovery ade in the property of tate, or any of its political subdivisionsD. 4he finding was by ade by chanceE. 4he finder is not a co owner of the property where it is found=. 4he finder is not a trespasser >. 4he finder is not an agent of the landowner @. 4he finder is not arried under the absolute counity or conjugalpartnership syste

M? % group was fored by the owner of the land by virtue of a contract tosearch for hidden treasure on his land. hould discovery been ade, howwould the partition go3

%? 'ach will be given what has been stipulated in the contract.

Art. 49.


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f the movable cannot be kept without deterioration, or without expenseswhich considerably diminish its value, it shall be sold at public auction eight days after the publication.

+ix months from the publication having elapsed without the owner having

appeared, the thing found, or its value, shall be awarded to the finder. hefinder and the owner shall be obliged, as the case may be, to reimburse theexpenses. %*/a)

-4he finder is only entitled to a reward, 8"8K of the su or price of the thing/ 0rt. 12)

-6%&)26 #&'R5I$ +#' #4 %$$'%R is based on circustances of the finding, if no one or there is yet no ownership

-when owner of treasure dies, legal heirs acquire; in the absence, tateacquires it

: Is 7aashita 4reasure a hidden treasure3A YES. 4here was a previous order fro the governent, at that tie,stating the partition when found.

CHAPTER RIBHT OF ACCESSION Art. 44. The %"ner!hi+ %* +r%+ert' i0e! the riht (' $##e!!i%n t%e0er'thin "hi#h i! +r%;#e there(', %r "hi#h i! in#%r+%r$te %r $tt$#he theret%, either n$t;r$ll' %r $rti*i#i$ll'.

ACCESSION - is the right of the owner of a thing, real or personal, tobecoe the owner of everything, which is produced thereby, or which isincorporated or attached thereto, naturally or artificially.

-accession is not a ode of acquiring ownership, it is only a ereconsequence or incidence of ownership, an e(ercise of right of ownership, ane(tension of doinion over a principal thing to an accessory

INDS8. accession discreta- products of a thing2 . accession continua- incorporated or attached to a thing, naturally or artificially

Re$l +r%+ert' Per!%n$l Pr%+ert'

%ccession industrial/e.g. building, planting,or sowing0

*onjunction or adjunction /e.g.engraftent,attachent, weaving,

painting, writing0 %ccession atural/e.g. alluvion, avulsion,change of course of rivers, foration of island0

!i(ture /e.g.c oi(tion for solidsor confusion for liquids0

pecification

able

A##e!!i%n A##e!!%r'

)ruits, addition,iproveents upon

the principal thing /e.g.building, planting,sowing, alluvion,avulsion, change of course of rivers,foration of islands0

Coined to, includedwith, the principal thing

for ebellishent,better use, or copletion /e.g. key,frae of picture,bracelet of watch,achinery in factory,bow in violin

ot necessary to theprincipal

!ust be with principal

able 2

SECTION I

Riht %* A##e!!i%n "ith Re!+e#t t%Wh$t i! +r%;#e (' Pr%+ert' Art. 441. T% the %"ner (el%n!

1/ The n$t;r$l *r;it!2/ The in;!tri$l *r;it!/ The #i0il *r;it!.

BENERAL RLE? %ll fruits belong to the owner of a thing

ECEPTIONS /$2$6%08. $ossession in good faith by another

D. 2sufructE. 6ease of rural lands


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=. $ledge>. %ntichretic creditor

Art. 442. N$t;r$l *r;it! $re the !+%nt$ne%;! +r%;#t! %* the !%il, $n the'%;n $n %ther +r%;#t! %* $ni&$l!.

In;!tri$l *r;it! $re th%!e +r%;#e (' l$n! %* $n' =in thr%;h#;lti0$ti%n %r l$(%r.

Ci0il *r;it! $re the rent! %* (;ilin!, the +ri#e %* le$!e! %* l$n! $n%ther +r%+ert' $n the $&%;nt %* +er+et;$l %r li*e $nn;itie! %r %ther !i&il$r in#%&e.

NATRAL FRITS- huan labor does not intervenee.g. egg of other chicken, fur of sheep, ilk of cow, wild ushroos, herbs,coon grass

: &here does the young accrue when ale and feale belong to differentowners3A? 4o the other unless there is a contrary custo or speculation /Rule on$artidas0

: &hen a an asturbates, is that a natural fruit3A NO. It does not fall as a spontaneous product of the soil, young or other products of anials. % an is not an anial.

: :ut are the spers considered property3A YES. 4hey can be appropriated and even sold.

INDSTRIAL FRITS- cultivation or labor e.g. fruits ripped fro a far, cultivated ushroos, canned goods,lan1ones, bananas, palay, 1acate /when cultivated as food for horse0

: %re the cultivated trees in theselves to be considered fruits3A trictly, they are #4 fruits in the juridical sense for they are iovablesas long as they are still attached to the land, which theselves ay producefruits. 5#&'J'R, there is no doubt we ay consider said trees as fruitswhen they are 'O$R'67 *264IJ%4'+ or 'O$6#I4'+ to carry on anindustry.

NOTE8. $erennial crops- those growing each season without need of replanting,

like oranges and apples

D. %nnual crops- those which have to be panted each year, like cereals andgrains

Bin %erica, perennial crops are natural fruits while annual crops areindustrial

CIVIL FRITSe.g. rent payents, prices of lease of lands, perpetual or life annuities

: &hen a person lends $>K, KKK and got paid of $>K, KKK, is this a civilfruit3A NO, because the person who lent did not earn or profit anything. It isnecessary that a person gets profit or interest. Incoe ust be ore thanthat invested,

)R2I4 are all periodical additions to a principal thing produced by forcesinherent to the thins itself.

Art. 44. He "h% re#ei0e! the *r;it! h$! the %(li$ti%n t% +$' thee>+en!e! &$e (' $ thir +er!%n in their +r%;#ti%n, $therin, $n+re!er0$ti%n.

-does not apply when the planter is in good faith

-e(penses refer to? 80 for the production, preservation or gathering and notfor the iproveents and D0 necessary and not lu(urious or e(cessive

-this only speaks about R'I!:2R'!'4 to prevent unjust enrichent

-where e(penses e(ceed fruits, only the e(penses incurred in for theproduction, gathering, and preservation of fruits are reibursed

: If the fruits aount to $>KK and the e(penses aount to $8KKK. &ill thisbe unfair for the owner to pay3A NO, because after all, the owner has the option to appropriate or not thefruits.

NOTE 2nder %rticle >== 30 possessor in good faith is entitled to the fruitsreceived before the possession is legally interrupted.

4atural and industrial fruits are considered received from the time they aregathered or severed.


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"ivil fruits are deemed to accrue daily and belong to the possessor in good faith in that proportion.5

Art. 444. Onl' !;#h $! $re &$ni*e!t %r (%rn $re #%n!iere $! n$t;r$l %r in;!tri$l *r;it!.With re!+e#t t% $ni&$l!, it i! !;**i#ient th$t the' $re in the "%&( %* the&%ther, $lth%;h ;n(%rn.

BIDESa. with respect to plants which produce only one crop and then perish

/e.g. rice, corn, sugar0 they should be deeed anifest or e(istingfro the tie the seedlings appear fro the ground

b. as to plants and trees which live for years and give periodic fruits/e.g. angoes, coconuts, oranges0 the fruits are not deeede(isting until they actually appear on the plants" trees

c. as regards anials, they are deeed e(isting at the beginning of the a(iu ordinary period of gestation /when no doubt itAs inotherAs wob0

d. with respect to fowls, by analogy, the fact of appearance of thechicks should retroact to the beginning of incubation

SECTION 2Riht %* A##e!!i%n "ith Re!+e#t t% I&&%0$(le Pr%+ert' Art. 445. Wh$te0er i! (;ilt, +l$nte %r !%"n %n the l$n %* $n%ther $nthe i&+r%0e&ent! %r re+$ir! &$e there%n, (el%n t% the %"ner %* thel$n, !;()e#t t% the +r%0i!i%n! %* the *%ll%"in $rti#le!.

:uilding PP constructing$lanting PP trees, long ter to produce PP peranentowing PP one seed equals one crop PP teporary

A##e!!i%n C%ntin;$ A##e!!i%n Di!#ret$

%ccession follows theprincipal. 4he owner of principal acquires theownership of the

accession.

%ccessory follows theprincipal

Incorporation or unionust be intiate. 4hatwhen separation iseffected, an injury iscaused

4he word building< isa generic ter for allarchitectural work withroof built for purpose of being used as a anAs

dwelling, for offices,clubs, theatres, etc.

ood faith e(oneratesa person fro punitiveliability but bad faithay give rise to direconsequences

4he word repairs<iplies the putting of soething back intothe condition in whichit was originally andnot an iproveent inthe condition thereof by adding soethingnew thereto

%ttachent or

incorporation? /refer toprevious table 80

8. Real propertyD. $ersonal $roperty

4o the fruits? atural,

Industrial and *ivilfruits

Bowner should be knownB#ne who acts in bad faith has no rights, anday also be held liable for daagesBwhen both parties are in bad faith, they shall bedeeed both in good faithBunjust enrichent is prohibitedBindustrial accession pertains to the owner of land is different fro the owner of the aterials

able 6

#4'? %rticle 8DK of the )aily *ode as an e(ception to the general ruleenunciated in %rticle ==> whereby the owner of the land is also the owner of whatever is built, panted or sown?

he ownership of improvements, whether for utility or adornment, made onthe separate property of the spouses at the expense of the partnership or through the acts or efforts of either or both spouses shall pertain to thecon$ugal partnership, or to the original owner-spouse, sub$ect to the following rules7


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8hen the cost of the improvement made by the con$ugal partnership and any resulting increase in value are more than the value of the property at thetime of the improvement, the entire property of one of the spouses shall belong to the con$ugal partnership, sub$ect to reimbursement of the value of the property of the owner-spouse at the time of the improvement9 otherwise,said property shall be retained in ownership by the owner-spouse, likewisesub$ect to reimbursement of the cost of the improvement.

n either case, the ownership of the entire property shall be vested upon thereimbursement, which shall be made at the time of the li'uidation of thecon$ugal partnership. %/:a)

8. it is iportant to note which is bigger or greater?a. the value of the property just :')#R' the iproveent was

adeb. the value %)4'R the iproveent including the cost

D. Rules?If /a0 is greater, the whole thing belongs to the owner-

spouse, without prejudice to reiburseent of the conjugalpartnership

If /b0 is greater, the whole thing belongs to the conjugalpartnership but the owner-spouse ust be reibursed

E. Illustration? If on the lot of the husband worth $8!, a $>! house isconstructed, the house and lot will belong to the conjugalpartnership, but will reiburse the husband $8!. 4he ownership willbe vested in the conjugal partnership at the tie of reiburseentand this reiburseent will be ade when the conjugal partnership

is liquidated.

=. If the house costs less than $8!, the husband will be the owner of the house and lot, but he ust reiburse the conjugal partnershipthe cost of the house.

Art. 446. All "%r=!, !%"in, $n +l$ntin $re +re!;&e &$e (' the%"ner $n $t hi! e>+en!e, ;nle!! the #%ntr$r' i! +r%0e.

+isputable presuption?

8. the works, sowing and planting were ade by the landowner

D. ade at the landownerAs e(pense

• $resuption is rebuttable, as the contrary ay be proved.

• 4he usefulness of the presuption lies in the fact that the landowner

need not have to prove that such were constructed at his e(pense and

ade by hi. $resuption lies on the landowner.

Art. 447. The %"ner %* the l$n "h% &$=e! there%n, +er!%n$ll' %r thr%;h $n%ther, +l$ntin!, #%n!tr;#ti%n! %r "%r=! "ith the &$teri$l!%* $n%ther, !h$ll +$' their 0$l;e $n, i* he $#te in ($ *$ith, he !h$ll$l!% (e %(lie t% the re+$r$ti%n %* $&$e!. The %"ner %* the&$teri$l! !h$ll h$0e the riht t% re&%0e the& %nl' in #$!e he #$n % !%"ith%;t in);r' t% the "%r= #%n!tr;#te, %r "ith%;t the +l$ntin!,#%n!tr;#ti%n! %r "%r=! (ein e!tr%'e. H%"e0er, i* the l$n%"ner $#te in ($ *$ith, the %"ner %* the &$teri$l! &$' re&%0e the& in $n'e0ent, "ith $ riht t% (e ine&ni*ie *%r $&$e!.

%rt. ==F deals with the Rights and #bligations of?

8. #wner of the land who uses the aterials of another for suchaccession

D. #wner of the aterials

%. Rights and #bligations of the 6%+#&'R who used anotherAsaterials

8. 6andowner in ##+ )%I45?

6andowner becoes owner of aterials , :24 he ust pay for their value

'O*'$4? 4he owner of aterials elect to reove the. $rovided

they can be reoved &I45#24 destruction to the work ade.

D. 6andowner in :%+ )%I45? 6andowner becoes owner of the aterials :24 he ust pay

for their value $62 daages or; 4he owner of aterials ay reove the &I45 #R &I45#24

destruction to the work $62 right to daages.

:. Rights and #bligations of the #&'R #) !%4'RI%6

8. 6andowner in ##+ )%I45


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#wner of aterials is entitled to reiburseent for the value of

aterials $R#JI+'+ that he does not reove the. #wner of aterials is entitled to reoval. $rovide that no

substantial injury to the work be ade.

D. 6andowner in :%+ )%I45 #wner of aterials entitled to reiburseent $62 daages or;

#wner of aterials is entitled to %:#624' reoval $62

daages.

!easure of Damages

0rt. 22. ndemnification for damages shall comprehend not only the valueof the loss suffered, but also that of the profits which the obligee failed toobtain. %"ivil code)

eimbursement vs. eturn

he law says 3pay their value5 %reimbursement), can return be effected by the landowner instead of reimbursement to the owner of materials without the latter;s consent<

It depends. Return is allowed I) no daage was ade to the aterials or they have not transfored as a result of construction at the e(pense of thelandowner. #therwise #4 allowed.

ight of 0ction of the =wner of materials against the recipient or the one whobenefited from the accession.

0 builds a house on his land using the materials of #. Later, 0 sells the houseand land to. 0gainst whom will # %owner of materials) have a right of action<

4he law is silent. It would see that the right of action should be directedagainst *, since * was the one benefited fro the accession.

ule 8hen #oth parties are in #ad Faith

• *onsider the both in ood )aith

ule 8hen Landowner is in >ood Faith #ut =wner of !aterial is in #ad Faith

Regarding %rt. ==F, what rule should apply if the 6andowner is in ood )aith:24 the #wner of !aterials is in :ad )aith3

• 4here is no provision of the law.

It would see that the landowner would be 'O'!$4'+ froreiburseent and he will be entitled to consequential daages /eg.inferior aterials0 4he owner of aterials would lose all rights to

the, such as the right of reoval, absolute or not.

?resumption of >ood Faithood faith is always presued, and upon hi who alleges bad faith rests theburden of proof. /%rt. >DF0

Art. 448. The %"ner %* the l$n %n "hi#h $n'thin h$! (een (;ilt, !%"n%r +l$nte in %% *$ith, !h$ll h$0e the riht t% $++r%+ri$te $! hi! %"nthe "%r=!, !%"in %r +l$ntin, $*ter +$'&ent %* the ine&nit' +r%0ie*%r in Arti#le! 546 $n 548, %r t% %(lie the %ne "h% (;ilt %r +l$nte t%+$' the +ri#e %* the l$n, $n the %ne "h% !%"e, the +r%+er rent.H%"e0er, the (;iler %r +l$nter #$nn%t (e %(lie t% (;' the l$n i* it!0$l;e i! #%n!ier$(l' &%re th$n th$t %* the (;ilin %r tree!. In !;#h#$!e, he !h$ll +$' re$!%n$(le rent, i* the %"ner %* the l$n %e! n%t#h%%!e t% $++r%+ri$te the (;ilin %r tree! $*ter +r%+er ine&nit'. The+$rtie! !h$ll $ree ;+%n the ter&! %* the le$!e $n in #$!e %* i!$ree&ent, the #%;rt !h$ll *i> the ter&! there%*.

eason for the ?rovision 4o protect the rights of both 6andowner and :uilder, $lanter or

ower without causing injustice to either.

4o avoid a tate of )orced *o-ownership.

!eaning of >ood Faith under 0rt @@:.

• 6andowner? 5e did not know that soebody was building on his

land or even if he did know, he e(pressed his objection

• :"$"? If he thought that the land was his.

0rt. @@: deals with7 Landowner and #uilder, ?lanter, +ower %#A?A+) in >ood Faith

Rights of 6andowner when a person in ood )aith :uilds, $lants or ows in

his land. /%*R0


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8. %ppropriate for hiself the accession upon payent of proper indenityto the :"$",

D. *opel the : or $ to buy the land. $rovided that the value of the land is#4 considerable higher than that of the accession. If higher, he cannotcopel.

E. If the landowner did not did not elect to appropriate /80 or did not elect or cannot copel /D0, the landowner ay collect Rent for the land.

• $arties shall agree upon the ters of lease. In case of disagreeent,

the court will fi(.

emoval not a right of Landowner in 0rt. @@:

Ben. R;le. 4he landowner has # RI54 of reoval"deolition. Reason?:"$" are in good faith

EPN 4he : or $ failed to pay after copulsory sale. /Ignacio v. 5ilario0

Landowner has the option to choose

Ben. R;le. 4he 6andowner has the right to elect whatever option to chooseas reedy, not the :"$".

Re$!%n8. 6andownerAs right is older.D. $rinciple of %ccession. 'ntitled to the ownership of the accessory.

• 4he preferential right to consolidate ownership of the land and

iproveents lies in the landowner.

EPN? 4his right to choose whatever option is not absolute, liited if what heelects would be ipractical.

Illustration? % builder in good faith built a portion of his house on anotherAsland. In speaking of the landownerAs reedy, the *ourt held that although analternative /options0 is given by law, still in this case, it would be ipracticalfor the landowner to choose to e(ercise the first alternative. 4o buy theportion of the house standing on his land, the whole building would berendered useless.8D

12 Grana and Toralba v. CA

4et result of !utual #ad faith between Landowner and #A?A+

:oth in ood )aith.

"o-owner %#A?A+) of the land is not entitled to reimbursement. Bnless suchland is already partitioned, then 0rt. @@: shall apply.

+tandard of Cconsiderably higher; in 0rt. @@:

Jalue of the land should not be considerable bigger than that of the value of the iproveent to effect option D. uestion of fact .

Illustration? O purchased 6ot @. Instead on building in 6ot @, O in good

faith built an apartent worth 9! on 6ot F, which is valued at 9.>illion to Q and without QAs knowledge.

Q, being a landowner in good faith ay copel O to purchase theland since the value of the land is #4 considerably higher. 4hedifference is only #.> !.

ight of etention of #A?A+ in >ood faith

:efore settleent is reached by the 6andowner and the :"$", the6andowner ay #4 legally deand rental for his land, %fter all :"$" ingood faith and is entitled to retain in the eantie.

#A?A+ in >ood Faith Lands under a orrens itle considered in #ad Faith

4here being a presuptive knowledge of the 4orrens 4itle, the area

and the e(tent.

ndemnity in case of 0ppropriation7 %=ption )

• Indenity as provided by %rt >=@ and >=9 8E .

13 Art. 546. e'ess$ry epenses s!$"" /e re*unded to every possessor, /uton"y t!e possessor in )ood *$it! ($y ret$in t!e t!in) unti" !e !$s /eenrei(/ursed t!ere*or.

se*u" epenses s!$"" /e re*unded on"y to t!e possessor in )ood *$it! wit!t!e s$(e ri)!t o* retention t!e person w!o !$s de*e$ted !i( in t!e


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• #wnership of iproveent by the landowner shall only be effected

until full payent to the :"$ has been ade. !ay be considered aslien. %fter which :,$ ay be ordered to vacate.

•

:"$ is not entitled to rent nor to fruits, /since land owner alreadyselected #ption 8; no longer a possessor in good faith0 but only aright of retention until settleent is ade.

• *urrent arket value of the iproveents should be the basis of

reiburseent to the :"$ in good faith.

ndemnities to be given %4BL)

8. ecessary '(penses- ade for the preservation of the thing /%rt. =>@/800

D. 2seful '(penses- augent incoe" add value to the property /%rt. >=@

/D00E. 6u(urious '(penses- if he desires to appropriate the for hiself /%rt.>=90

ight of the Landowner prior his election of =ption.

one. 5is right is only to elect an option. :"$" is in good faith.

"ompel the buyer to buy the land not considerably more than the value of improvement

• )ailure of :""$ to pay the land does #4 autoatically ake the

landowner the owner of the iproveents"accessions.

Reason? o such right is vested by %rt. ==9. * held that nothing in thelanguage of law which would justify such.

possession !$vin) t!e option o* re*undin) t!e $(ount o* t!e epenses oro* p$yin) t!e in're$se in v$"ue w!i'! t!e t!in) ($y !$ve $'+uired /yre$son t!ereo*.

Art. 548. penses *or pure "uury or (ere p"e$sure s!$"" not /e re*undedto t!e possessor in )ood *$it!, /ut !e ($y re(ove t!e orn$(ents wit!w!i'! !e !$s e(/e""is!ed t!e prin'ip$" t!in) i* it suers no in%ury t!ere/y$nd i* !is su''essor in t!e possession does not pre*er to re*und t!e $(ount

epended. :454;

Reedies in case of failure to pay?

8. 4hey ay leave things as they are and assue relation of lessor andlessee

D. 4he landowner ay have the accession reoved. 4his right of deolition e(ists because he has elected to sell his land /#ption D0,and the :"$ has failed to pay.

E. 4he landowner ay consider the price of the land as an ordinaryoney debt order. 'nforce payent through #rdinary action for therecovery of oney debt.

8hen 0rt. @@: is 4= applicable

1. &hen the :"$" does not clai ownership over the land, but possess itas ere holder, agent, usufructuary, or tenant . % lessor is neither abuilder in ) or :).

&xception7 If an agricultural tenant whose lease is about to e(pire,

nevertheless sows, not knowing that the crops will no longer belongto hi. %rt. ==9 can be applied.

2. &hen the :"$" is not a stranger but a co-owner of the land

E. &hen a person constructs a building to his own land, and then sells theland but not the building to another, there can be no question of ) or :). 5ere he can be copelled to reove the building without indenity.

=. &hen the : is a belligerent occupant, such as, Capanese Iperial

)orces, the constructions ade by it during the war are owned not by thelandowner but of the $hilippines as the victor of the last war.

>. &hen the landowner is the :"$" who then later loses ownership of theland by sale or donation.

0rt. @@: also applies to land of public dominion

4he tate can e(ercise the option. 4he law does not ake distinction

between public or private land.

ule if the Landowner refuses to make the option


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4he *ourt cannot decide. It is the duty of the landowner to e(ercise

either alternative, and not refuse both. /Ignacio v. 5ilario0

ule in "ase the Landowner +ells or n 0ny =ther 8ay 0lienates the Land

he builder has the right of action against the new owner as he benefited from the accession

0rt. @@: can also be applied to e$ectment cases

rrevocability of "hoice

#nce a choice is ade by the landowner, it is generally irrevocable.

Rule in Installent ales4he fact that the installent buyer of the land has erected a substantialiproveent thereon such as a house does not justify the grant of hi of a

longer period within which to pay the installents, otherwise the land willbecoe an accessory to the house.

Eudicious eading of 0rt. @@: 8ill +how

4he landownerAs e(ercise of his option can only take place after the

builder shall have coe to know of the intrusion. &hen both parties havebecoe aware of it.

#nly then will the occasion for the e(ercising the option will arise, for it is

only then that both parties have been aware that a proble e(ist inregard to their property rights.

Art. 449. He "h% (;il!, +l$nt! %r !%"! in ($ *$ith %n the l$n %* $n%ther, l%!e! "h$t i! (;ilt, +l$nte %r !%"n "ith%;t riht t% ine&nit'.

Art. 45. The %"ner %* the l$n %n "hi#h $n'thin h$! (een (;ilt,+l$nte %r !%"n in ($ *$ith &$' e&$n the e&%liti%n %* the "%r=, %r th$t the +l$ntin %r !%"in (e re&%0e, in %rer t% re+l$#e thin! intheir *%r&er #%niti%n $t the e>+en!e %* the +er!%n "h% (;ilt, +l$nte%r !%"e %r he &$' #%&+el the (;iler %r +l$nter t% +$' the +ri#e %* the l$n, $n the !%"er the +r%+er rent. 6$/

Art. 451. In the #$!e! %* the t"% +re#ein $rti#le!, the l$n%"ner i!

entitle t% $&$e! *r%& the (;iler, +l$nter %r !%"er.

%rt. ==N is applicable #67 to rowing crops or standing crops and #4

to gathered crops

0rt. @@-@/ deal with #A?A+ in #0D F0G

6 0lternative ights of a Landowner where #A?A+ is in #ad Faith

8. et the iproveent &I45#24 indenity for its value or e(penses$62 daages. '(cept? to pay for necessary e(penses for the

preservation of the land %principal)D. +eand +eolition of %ccession"Iproveent at the e(pense of the

:"$" in bad faith $62 daages

E. *opel the :"$ to buy the land whether or not the value of the land isconsiderably ore that the value of the accession or iproveent.

Reason? $enali1es the :"$" in bad faith. :"$" ay be ejected fro theland /principal0&I45#24 indenity.

uery on >athered and >rowing "rops

If a person planted and"or grow crops at a land which he is aware that is nothis. &hat are the rights of the landowner3

It depends?

athered crops? Return the value of the crops to the landowner or the

crops theselves inus the essential e(penses for the, production,gathering and preservation of the crops. /%rt. ==E0

l

tanding or rowing *rops? )orfeit the crops in favor of the landowner

&I45#24 indenification. '(cept to pay for necessary e(penses for the preservation of the land. /%rt. ==N0

ule 0pplicable if #uilder is &nemy "ountry

&hen the builder is a belligerent occupant, such as, Capanese Iperial)orces, the constructions ade by it during the war are owned not by the

private landowner but of the $hilippines as the victor of the last war.


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Re$!%n!

8. Rules of the *ivil *ode concerning industrial accession are not designedto regulate relations between private persons and sovereign belligerentor intended to apply to constructions ade e(clusively for war, whenilitary necessity is teporarily paraount.

D. International laws allows teporary use by the eney occupant of private land and buildings for all kinds of purposes deanded bynecessities of war.

Art. 452. The (;iler, +l$nter %r !%"er in ($ *$ith i! entitle t%rei&(;r!e&ent *%r the ne#e!!$r' e>+en!e! %* +re!er0$ti%n %* the l$n.

eimbursement for 4ecessary &xpenses to ?reserve the Land even if #A?A+is in #ad Faith

Rationale? % :"$" can lose the accession without indenity for thenecessary and useful e(pense for the accession, :24 he ust beindenified for the necessary e(pense of the preservation of the landbecause after all, the true owner would have borne such e(penses anyway,even if nothing had been built, planted or sowed in the land.

"riticism on 0rt. @/2 #perates as an induceent rather than a deterrent.

'ncourages trespass to dwelling

efutation of "riticism 6andowner is still entitled to collect daages.

ecessary e(pense for the preservation of the land is what the :"$" inbad faith can recover and not a higher copensation.

Art. 45. I* there "$! ($ *$ith, n%t %nl' %n the +$rt %* the +er!%n "h%(;ilt, +l$nte %r !%"e %n the l$n %* $n%ther, (;t $l!% %n the +$rt %* the %"ner %* !;#h l$n, the riht! %* %ne $n the %ther !h$ll (e the!$&e $! th%;h (%th h$ $#te in %% *$ith.

It i! ;ner!t%% th$t there i! ($ *$ith %n the +$rt %* the l$n%"ner "hene0er the $#t "$! %ne "ith hi! =n%"lee $n "ith%;t %++%!iti%n%n hi! +$rt.

#ad Faith on the ?art of #oth ?arties considered as in >ood Faith

It will neutrali1e the bad faith of the other. 'ntitled to rights and

obligations of good faith parties.

0rt. @/6 is applicable to +ales in Hiolation of the Gomestead Law

If a buyer buys a hoestead within the period when it cannot be bought, bothhe and the seller are in bad faith. o both can be considered in good faithregarding what is built, planted or sowed.

Definition of #ad Faith

&henever the act was done with his knowledge and without his

opposition.

:ad faith on the part of the :"$" is not e(pressly defined in law, but by

analogy, we ay say that the building, planting or sowing adeknowingly by one on a land not belonging to hi or without authority.

Art. 454. When the l$n%"ner $#te in ($ *$ith $n the (;iler, +l$nter %r !%"er in %% *$ith, the +r%0i!i%n! %* $rti#le 447 !h$ll $++l'.

Landowner’s bad faith- the act was done with his knowledge and withoutopposition on his part.

• It is as if the owner built on his land in bad faith with the aterials of

another. 5ence, he should pay the value of the aterials plus daages.

“Throuh another”- as used in %rt. ==F, ay well refer to the owner of theaterials who in good faith uses the sae in building, planting, or sowing onthe land whose owner acts in bad faith.!uilder, planter or sower’s bad faith- the building, planting, or sowingade knowingly by one on land not belonging to him and without authority isdone in bad faith.

Art. 455. I* the &$teri$l!, +l$nt! %r !ee! (el%n t% $ thir +er!%n "h%h$! n%t $#te in ($ *$ith, the %"ner %* the l$n !h$ll $n!"er !;(!ii$ril' *%r their 0$l;e $n %nl' in the e0ent th$t the %ne "h% &$e;!e %* the& h$! n% +r%+ert' "ith "hi#h t% +$'.

Thi! +r%0i!i%n !h$ll n%t $++l' i* the %"ner &$=e! ;!e %* theriht r$nte (' Arti#le 45. I* the %"ner %* the &$teri$l!, +l$nt! %r !ee! h$! (een +$i (' the (;iler, +l$nter %r !%"er, the l$tter &$'e&$n *r%& the l$n%"ner the 0$l;e %* the &$teri$l! $n l$(%r.


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• 4his article deals solely with the right of the owner of the aterials

regardless of the good or bad faith of the owner of the land and of thebuilder, planter or sower.

. =wner of materials acted in good faith regardless of the good faith or bad faith of others. - 5e is entitled to reiburseent for the value of the aterialsprincipally fro the builder, etc. because he is the one who ade use of thesae. If the latter is insolvent, the owner of the land shall be subsidiarilyliable, because he is benefitted by the accession when he appropriates whatis built, etc.

2. =wner of the materials acted in bad faith but the others in good faith.- If the aterials were used with his knowledge and without opposition on hispartK with a right to deanddaages fro both /%rt. =>80.

ince both the owner of the aterials and the builder, etc. acted in bad faith,as between the, they are treated as having both acted in good faith. 5ence

the owner of the aterials is entitled to reiburseent by the builder,etc.

4he landowner is not subsidiary liable to the owner of the aterials or to thebuilder,etc. in case the latter pays for the value of the aterials because asto the landowner, the last two are in bad faith.

/. 0ll acted in bad faith.-4heir rights shall be the sae as though all of theacted in good faith.

*. 8hen landowner shall be subsidiary liable for value of the materials-

e'uisites7

4he owner of the aterials has not acted in bad faith;

4he builder, etc. has no property with which to pay;

4he landowner appropriates the accession to hiself.

4ote7 4he land owner akes use of the aterials only if he appropriates theconstruction. 4he landowner *%#4 be held subsidiary liable he copels

the builder to? $urchase the land

4o deolish the construction /because the landowner does not ake

use of the aterials0. In case of the sower , to pay the proper rent.

1. ight of the builder, etc. who pays owner of materials. I If the builder, etc.pays the owner of the aterials, the forer ay seek reiburseent frothe landowner for the value of the aterials and labor to prevent unjustenrichent of the landowner at the e(pense of the builder, etc. 4his is true if?

4he builder, etc. acted in good faith; and

4he landowner appropriates the iproveent.

:. f the landowner acted in bad faith- he shall pay the value of the aterialswith daages. 4he builder, etc. or the owner of the aterials ay reovethe whether or not injury would be caused without daages.

Art. 456. In the #$!e! re;l$te in the +re#ein $rti#le!, %% *$ith%e! n%t ne#e!!$ril' e>#l;e nelien#e, "hi#h i0e! riht t% $&$e!;ner $rti#le 2176.

"ood faith may co-e#ist with nelience$

"ood faith- does not necessarily preclude negligence. In fact, in negligence

there is no intention to do wrong or cause daage, unlike in bad faith whichpresupposes such intention. %rticle D8F@? &hoever by his act or oission causes injury or daages toanother, there being fault or negligence, is obliged to pay for the daagedone. uch fault or negligence, if there is no pre-e(isiting contractual relationbetween the parties, is called quasi-delict /culpa-acquiliana0 and is governedby the provisions of this *hapter.<

Art. 457. T% the %"ner! %* l$n! $)%inin the ($n=! %r ri0er! (el%nthe $##reti%n "hi#h the' r$;$ll' re#ei0e *r%& the e**e#t! %* the#;rrent %* the "$ter!.

)ors of %ccesion atural? /%%*)01. %lluviu


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2. %vulsion3. *hange of course of rivers4. )oration of islands

%. &lluvion 'or alluvium(- the accretion fro which the banks of riversgradually receive fro the effects of the current of the waters and which theybelong to the owners of lands adjoining banks.

• It is applied to the deposit of soil or the soil itself. /difference with

accretion0

&ccretion- the act or process by which a riparian land gradually andiperceptibly receives addition ade by the water to which the land iscontiguous. /%lluvion is brought about by accretion.0

)iparian- along riverbank? situated or taking place along or near of a river.

Re@;i!ite! %* All;0i%n %r A##reti%n

a. he deposits or accumulation of soil or sediment must be gradual and imperceptible. #ne could not discern the addition but can be easured after the lapse

of a certain tie. %0gustin v. "0, :1 +"0 2: JK)

4he sudden and forceful action like that of flooding is not the alluvial

process conteplated in %rt. =>F.

b. he accretion results from the effects or action of the current of the watersof the river.

C;rrent -indicates the participation of the body of water in the ebb and

flow of waters due to high and low tide. *urrent ust be of a ri0er /contiguous to creeks, streas, rivers and

lakes0. %lluvion ust be the e(clusive work of nature and not ade artificially

by the riparian owner.

+eposits consisting of boulders, soil, sawdust, and other filling

aterials, caused by huan intervention are excluded fro %rt. =>F.

uch would still be part of the public doain.

c. he land where accretion takes place must be ad$acent to the bank of theriver.

+eals with accessions of lands situated on banks of rivers but not on

the seashore. +oes not apply where the accretion is caused by the action of !anila

:ay, it being a part of the sea, a ere indentation of the sae. ot applicable if the claied accretion lies on the bank f the river not

ad$acent to the land owned by hi but directly opposite said landacross the river.

%ccretions on the bank of a lake, like 6aguna de :ay, have been held

to belong to the owners of the lands to which they are added. 4herefore, portions of land fored by accretion not foring part of

the bed lake /i.e., not covered by its waters at their highest ordinarydepth0 do #4 belong to the public doain.

&hen an island has been fored in a river and a grant for the part of

the island is obtained fro the tate-accretion added thereto in thecourse of tie belongs to the owner of that portion of the island towhich it is added.

%ccretion on the bank of an island fored in a non-navigable river-

the accretion belongs to the owner of the island.

Ele&ent! %* Ri0er- It cannot e(ist without all these parts? /R::0

8. Running watersD. 4he bedE. 4he banks

River as one #%&+%;n #%n#e+t? It should have only one nature- it shouldeither be totally public or copletely private.

)iver bed- the natural bed or channel of a creek or river is the groundcovered by its waters during the highest /ordinary0 floods.

“*atural”- is not ade synonyous to original< or prior condition.


24/32

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)iver ban+s- those lateral strips or 1ones of its bed which are washed by thestrea only during such high floods as do not cause inundations.River banks- public property; they are destined for public use.

• $lants can and do grow on the banks which otherwise could #4 have

grown in the bed.

Re$!%n! *%r r$ntin $ ri+$ri$n %"ner the riht t% $n' l$n %r $ll;0i%ne+%!ite (' $ ri0er8. 4o copensate hi for the danger of loss that he suffers because of thelocation of his landD. 4o copensate hi for the encubrances and various kinds of easeentsto which his property is subject.E. 4o proote the interests of agriculture for the riparian owner is in the bestposition to utili1e the accretion./)urtherore, it is ipossible to prove fro whose lands the gradualadditions coe fro.0

All;0i%n #$;!e (' $rti*i#i$l "%r=!- a riparian owner cannot acquire the

addition to his land caused by specila work /e.g. dikes, etc.0

A##reti%n! $**e#tin l$n! rei!tere ;ner the T%rren! S'!te&

8. Diminution of area- %ccretions under %rt. =>F are natural incidents to landbordering on running rivers or streas and are not affected by the landregistration law.

Registration does not protect the riparian owner against diinution of thearea of his land through gradual changes in the course of adjoining streas.

D. ncrease in 0rea- an alluvion does not autoatically becoe registered

land just because the lot which receives such accretion is covered by a4orrens title, thereby aking the alluvial property iprescriptible.

%lluvial deposit acquired by a riparian owner of registered land by accretionay be subjected to acquisition through prescription by a third person, byfailure of such owner to register said accretion within the prescribed period.

Art. 458. The %"ner! %* e!t$te! $)%inin +%n! %r l$%%n! % n%t$#@;ire the l$n le*t r' (' the n$t;r$l e#re$!e %* the "$ter!, %r l%!eth$t in;n$te (' the& in e>tr$%rin$r' *l%%!. 4his provision has no application when the estate adjoins a creek,

strea, river or lake.

Lakes-sae category as rivers, for purposes of alluvion.

4his article provides an e(ception to the general rule on alluvion.

8. P%n- is a body of stagnant water without an outlet, larger than a puddleand saller than a lake, or a like body of water with a sall outlet.

D.L$%%n- a sall lake, ordinarily of fresh water, and not very deep, fed byfloods, the hollow bed of which is bounded by elevations of land.

E. L$=e- a body of water fored in depressions of the earth, ordinarily freshwater, coing fro rivers, brooks or springs, and connected with the sea bythe.

Art. 459. Whene0er the #;rrent %* $ ri0er, #ree= %r t%rrent !ere$te!*r%& $n e!t$te %n it! ($n= $ =n%"n +%rti%n %* l$n $n tr$n!*er! it t%$n%ther e!t$te, the %"ner %* the l$n t% "hi#h the !ere$te +%rti%n(el%ne ret$in! %"ner!hi+ %* it, +r%0ie th$t he re&%0e! the !$&e

"ithin t"% 'e$r!.

A0;l!i%n- the process whereby the current of a river, creek, or torrentsegregates fro an estate on its bank a known portion of land and transfersit to another estate.-It is also called the force of the river


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• soil cannot be

identified.

• identifiable or

verifiable.

• belongs to the

owner of property to

which it isattached.

• belongs to the

owner of property to

which it isdettached.

Re@;i!ite! %* A0;l!i%n

• he segregation and transfer must be caused by the current of a

river, creek, or torrent.

• he segregation and transfer must be sudden or abrupt.

• he portion of land transported must be known or identifiable.

Art. 46. Tree! ;+r%%te $n #$rrie $"$' (' the #;rrent %* the "$ter!(el%n t% the %"(er %* the l$n ;+%n "hi#h the' &$' (e #$!t, i* the%"ner! % n%t #l$i& the& "ithin !i> &%nth!. I* the %"ner! #l$i& the&,

the' !h$ll +$' the e>+en!e! in#;rre in $therin the& %r +;ttin the&in $ !$*e +l$#e.

%rt =@K applies only to uprooted trees. If a known portion of land with

trees standing thereon is carried away by the current to another land, %rt=>N governs.

Art 461. Ri0er (e! "hi#h $re $($n%ne thr%;h the n$t;r$l #h$ne inthe #%;r!e %* the "$ter! ipso facto (el%n t% the %"ner! "h%!e l$n!$re %##;+ie (' the ne" #%;r!e in +r%+%rti%n t% the $re$ l%!t. H%"e0er,the %"ner! %* the l$n! $)%inin the %l (e !h$ll h$0e the riht t%$#@;ire the !$&e (' +$'in the 0$l;e there%*, "hi#h 0$l;e !h$ll n%t

e>#ee the 0$l;e %* the $re$ %##;+ie (' the ne" (e.

)equisites for the application of the )ule$

8. 4here ust be a natural change in the course of the waters of the river.

D. 4he change ust be abrupt or sudden.

“&bandonment”- iplies the giving up or relinquishing of soething. It is anaction which obviously cannot be done by an inaniate property like a river.

Art. 462. Whene0er $ ri0er, #h$nin it! #%;r!e (' n$t;r$l #$;!e!,%+en! $ ne" (e thr%;h $ +ri0$te e!t$te, thi! (e !h$ll (e#%&e %* +;(li# %&ini%n.

• 4his %rticle does not distinguish whether the river is navigable or

floatable or not.

•

+alvador "respo vs. !aria #olando, et al., L-62*1, Euly 2*, *7 4hecourt held that when for the first tie, a flood oved the $apanga River into the lots of the plaintiffs, the bed thus newly covered by its water becae property of public ownership. :ut when the ne(t floodtransferred the river bed farther south into plaintiffAs lands, they ipso factorecovered the bed they had first lost, even as the new bed on their property accrued to the public doain.

• 4he owner of the estate shall recover it in the event that the waters leave

it dry again, either naturally or as the result of any work legally authori1edfor the purpose. In such case, %rticle =@8 applies.

Art. 46. Whene0er the #;rrent %* $ ri0er i0ie! it!el* int% (r$n#he!,

le$0in $ +ie#e %* l$n %r +$rt there%* i!%l$te, the %"ner %* the l$nret$in! hi! %"ner!hi+. He $l!% ret$in! it i* $ +%rti%n %* l$n i! !e+$r$te*r%& the e!t$te (' the #;rrent.

• %As estate adjoins a river, but the river divides itself into branches, thus

affecting %As property. % however reains the owner of the portion /thistieSan island0 which? ay be isolated fro the rest /here, the portion has not physically

oved, but there is I#6%4I#0; or ay be separated fro the rest /here, the portion has physically

ovedShence, the '$%R%4I#0

• 4his %rticle refers to the formation of island by the branching off of a river

as distinguished fro the formation of islands by successive

accumulation of alluvial deposits %unidentifiable sediment) referred to in %rts. =@= and =@>. In the first, no accession takes place, the owner retaining his ownership of the segregated portion; in the second,accession takes place.

• 4his %rticle applies whether the river is navigable or not, for in both

cases, the owner should not be deprived of his doinion over thesegregated or isolated property.

Art. 464. I!l$n! "hi#h &$' (e *%r&e %n the !e$! "ithin the );ri!i#ti%n %* the Phili++ine!, %n l$=e!, $n %n n$0i$(le %r *l%$t$(leri0er! (el%n t% the St$te.

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Art. 465. I!l$n! "hi#h thr%;h !;##e!!i0e $##;&;l$ti%n %* $ll;0i$le+%!it! $re *%r&e in n%n-n$0i$(le $n n%n-*l%$t$(le ri0er!, (el%nt% the %"ner! %* the &$rin! %r ($n=! ne$re!t t% e$#h %* the&, %r t% the%"ner! %* (%th &$rin! i* the i!l$n i! in the &ile %* the ri0er, in"hi#h #$!e it !h$ll (e i0ie l%nit;in$ll' in h$l0e!. I* $ !inle i!l$nth;! *%r&e (e &%re i!t$nt *r%& %ne &$rin th$n the %ther, the %"ner %* the ne$rer &$rin !h$ll (e the !%le &$rin there%*.

• &ho owns islands fored by unidentifiable accuulated deposits3

If fored on the seaS

&ithin the territorial waters or aritie 1one or jurisdiction of the

$hilippinesState /patrionial property0 #utside of our territorial jurisdictionSthe first country to

effectively occupy the sae. 4his is in accordance with theprinciples of $ublic International 6aw for discovery andoccupation considered as a definite ode of acquiring territory.

If fored on lakes, navigable or floatable riversState /patrionial

property0

If fored on non-navigable or non-floatable riversS It belongs to the nearest riparian owner or owner of the argin or

bank nearest to it as he is considered in the best position tocultivate and develop the island; #R

• o specific act of possession is required. If, however, the

riparian owner fails to assert his clai thereof, the sae ayyield to the adverse possession of third parties, as indeedeven accretion to land titled under the 4orrens syste ustitself be registered.

• Eagualing vs, "0, @ +"0 *1 %)7 4he possessor

ay clai ignorance of the law, specifically, %rt. =@> butsuch is not, under %rts. E 8= and >D@8>, an adequate and valid

defense to support a clai of good faith. 5ence, notqualifying as a possessor in good faith, he ay acquireownership over the island only through uninterruptedadverse possession for a period of EK years under %rt.88EF8@

14 Art. Ignorance of the law e(cuses no one fro copliance therewith.

15 Art. 526 5e is deeed a possessor in good faith who is not aware that there e(ists in his title

or ode of acquisition any flaw which invalidates it.5e is deeed a possessor in bad faith who possesses in any case contrary to the

foregoing.!istake upon a doubtful or difficult question of law ay be the basis of good faith.

16 Art. 117 #wnership and other real rights over iovables also prescribe throughuninterrupted adverse possession thereof for thirty years, without need of title or of good faith.

4he island is divided longitudinally in halves, if it is in the iddle

of the river

• Eagualing vs, "07 if the island fored is longer than the

property of the riparian owner, the latter is deeed ipso $ureto be the owner of that portion which corresponds to the

length of that portion of his property along the argin of theriver.

• avigable or floatable riverSif useful for floatage and coerce,

whether the tides affect the water or not; should benefit trade andcoerce In %erican jurisprudence, the prevailing test whether a river is

navigable in law is whether it is navigable in fact; and it is navigablein fact if it used or susceptible of being used, in its ordinary condition,as a highway of coerce, that is, for trade and travel in the usualand ordinary odes.

If it is capable in its natural state of being used for purposes of

coerce, no atter in what ode the coerce ay be carried

on, it is navigable in fact, and therefore, becoes a public river or highway. It is sufficient if it is capable of floating vessels, boats, or other craft, or rafts or logs, or logs in quantities to ake it of coercial value.

• If a new island is fored between the older island and the bank? the

owner of the older island is considered a riparian owner, and if the newisland is nearer in argin to the older island, the owner of the older island should be considered also the owner of the new island.

Art. 466. Whene0er t"% &%0$(le thin! (el%nin t% t"% i**erent%"ner! $re, "ith%;t ($ *$ith, ;nite in !;#h $ "$' th$t the' *%r& $!inle %()e#t, the %"ner %* the +rin#i+$l thin $#@;ire! the $##e!!%r',

ine&ni*'in the *%r&er %"ner there%* *%r it! 0$l;e. J• %djunction or conjunction – process by virtue of which two ovable

things belonging to different owners are united in such a way that theyfor a single object.

• *haracteristics of adjunction?

4here are two ovables belonging to different owners

4hey are united in such a way that they for a single object; and

4hey are so inseparable that their separation would ipair their

nature or result in substantial injury to either coponent

• inds of adjunction?

Inclusion or engraftent /diaond set on a god ring0

oldadura or soldering /lead is united or fused to an object ade of

lead0

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)erruinacion – both the accessory and principal objects are of

the sae etal $lubatura – they are of different etals

'scritura or writing /when a person writes on paper belonging to

another

$intura or painting /when a person paints on canvas belonging toanother0 4ejido or weaving /when thread belonging to different owners are

used in aking te(tile0

• #wnership of new object fored by adjunction

If the union took place without bad faith, the owner of the principal

thing acquires the accessory, with the obligation to indenify theforer owner of the accessory for its value in its uncontrovertedstate.

If the union took place in bad faith, %rt. =FK applies.

Art. 467. The +rin#i+$l thin, $! (et"een t"% thin! in#%r+%r$te, i!ee&e t% (e th$t t% "hi#h the %ther h$! (een ;nite $! $n %rn$&ent,%r *%r it! ;!e %r +er*e#ti%n.

Art. 468. I* it #$nn%t (e eter&ine (' the r;le i0en in the +re#ein$rti#le "hi#h %* the t"% thin! in#%r+%r$te i! the +rin#i+$l %ne, thethin %* the re$ter 0$l;e !h$ll (e #%n!iere, $n $! (et"een t"%thin! %* e@;$l 0$l;e, th$t %* the re$ter 0%l;&e.

In +$intin $n !#;l+t;re, "ritin!, +rinte &$tter, enr$0in$n lith%r$+h!, the (%$r, &et$l, !t%ne, #$n0$!, +$+er %r +$r#h&ent!h$ll (e ee&e the $##e!!%r' thin.

• 4he principal is that /in order of preference0? 4o which the other /accessory0 has been united as an ornaent or

for its use or perfection /purpose or intention test0 #f greater value, if they are of unequal values

#f greater volue, if they are of an equal value

)inally, that of greater erits taking into consideration all the

pertinent legal provisions applicable as well as the coparativeerits, utility and volue of their respective things.

• 0.".ansom vs. ?uon and Lao, "0, @ =.>., 2, /:7 &ith reference to

a otor vehicle, the engine ay be considered as the principal, all theother parts of the vehicle being regarded as ere accessories.

• 4he special rule regarding painting, etc. in the second paragraph of %rt.

=@9 is based on the consideration that what is painted, etc. is of greater

value or iportance than the board, etc. inasuch as the e(ceptionsentioned are specified, its provision cannot be applied by analogy tocases of adjunction of siilar nature which are deeed e(cluded. uchcases shall be deterined in accordance with %rts. =@F and =@9.

• If the adjunction concerns three or ore things? +eterine which is really

the principal. %ll the rest should be considered accessories. If there betwo principals, still it cannot be deterined which, as between the,should be considered the principal, and which is the accessory.

Art. 469. Whene0er the thin! ;nite #$n (e !e+$r$te "ith%;t in);r',their re!+e#ti0e %"ner! &$' e&$n their !e+$r$ti%n.

Ne0erthele!!, in #$!e the thin ;nite *%r the ;!e,e&(elli!h&ent %r +er*e#ti%n %* the %ther, i! &;#h &%re +re#i%;! th$nthe +rin#i+$l thin, the %"ner %* the *%r&er &$' e&$n it! !e+$r$ti%n,e0en th%;h the thin t% "hi#h it h$! (een in#%r+%r$te &$' !;**er !%&e in);r'.

• &hen separation of things united allowed?

eparation without injurySwhenever the separation can be done

without injury /not destruction0, their respective owners ay deandtheir separation. 5ere, there has been no real accession. %rticle =@Napparently conteplates adjunction by inclusion and by soldering inwhich separation is possible without injury to the things united.

%ccessory uch ore preciousSunder the second paragraph,

where the thing /e.g., diaond0 united for the use, ebellishent or perfection of the other, is uch ore precious than the principalthing /e.g., gold

property reviwer

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