Property

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CIVIL LAW REVIEWER

SAINT LOUIS UNIVERSITY BAR OPERATIONS
PROPERTY
Property defined: All things which are (already in the possession of man) or may be (susceptible of appropriation) the objects of appropriation are considered as property either as immo able or mo able! Appropriation defined: e"ui alent to occupation# willful apprehension of a corporeal object which has no owner with the intent to ac"uire ownership! Thing Property Generic sense: all &ncludes not only things objects that e$ist which which are already can be of %T&'&TY to possessed by man+ but men! also those which are Juridical sense: all susceptible of being objects that e$ist which possessed by man! can be of %T&'&TY to men and (APA)'E of APPROPR&AT&O*! For purposes of distinction, thing should be understood in its generic sense. Requisites of property: ,! Utility - capable of satisfying human needs (e!g! food+ shelter+ and clothing)! .! Individuality/substantivity - "uality of ha ing e$istence apart from any other thing or property (e!g! parts of the human body may+ within the limits prescribed by law+ become property only when separated from the body of the person to whom they belong)! /! Appropriability - susceptibility of being possessed by men! 0ence+ diffused forces of nature in their totality cannot be considered as property (e!g! air+ lightning)! An object cannot be considered as property because of PHYS !A" #P$SS % " &Y 'e.g. res co((unes) or "*GA" #P$SS % " &Y 'e.g. hu(an body). Res communes + common things which are not capable of appropriation in their entirety (e!g! air+ lightning) although they may be appropriated under certain conditions in a limited way (e!g! o$ygen+ electricity)! &n case of the latter+ they become property! Res nullius - that which has no owner because it has not yet been appropriated (e!g! hidden treasure+ wild animals+ fish in the ocean)+ or because it has been lost or abandoned by the owner! &t constitutes property as long as it is susceptible of being possessed for the use of man! Res alicujus - objects already owned or possessed by men! T ! U"A# $%&' &uring lifetime: R%'E1 it is *OT a property! 0ence+ cannot be appropriated! E2(EPT&O*1 within the limits prescribed by law! ,.A.--./ pro(otes 0oluntary blood donation1 ser0ice contracts 'e.g. (odeling). After death: R%'E1 still+ *OT a property by reason of public policy! Personality of a man demands respect e en after death! E2(EPT&O*1 within the limits prescribed by law! ,.A 23/ legali4es per(ission of use hu(an organs or any portion of the hu(an body for (edical, surgical, or scientific purposes under certain conditions1 ,.A -.-5 authori4es the legacy or donation of hu(an organs after death or for transplant as 6ell as the ad0ance(ent of research, (edical and dental education and therapy.
RI( T) A) PR%P!RT' Property includes not only material objects+ but also rights (although these are merely relations)! 0owe er+ only rights which are PATR&3O*&A' in nature can be considered as property! Otherwise+ they are not (e!g! (family rights+ right to life+ liberty)! *lassification of Rights: +, Real rights -jus in re.: interest belonging to a person o er a specific thing without a definite passi e subject against whom such right may be personally enforced (e!g! ownership)! Elements1 a! Ownership of an object by a subject! b! 4eneral obligation of respect+ there being no particular passi e subject! c! Effecti e actions against anyone who may want to disturb it! /, Personal rights -jus in personam/ad rem.: the power of a person (creditor) to demand from another (debtor) as a definite passi e subject+ the fulfillment of the latter5s obligation# the right of obligation! Elements1 a! 6ubjects consisting of acti e (creditor7obligee) and passi e (debtor7obligor)! b! There is a particular passi e subject who is bound to obser e the obligation! c! Effecti e actions against the passi e subject! R!A0 RI( T) A definite acti e subject# the rest of the world as passi e subject! 4enerally+ corporeal things )y mode or title Real actions against third persons )y the loss or destruction of the property &I)TI#*TI%#) #umber of persons involved %bject involved *auses of creation #ature of actions P!R)%#A0 A definite acti e subject and passi e subject! &ntangible thing (prestation) )y title only Personal actions against the definite passi e subject )y other causes
"ethods of e1tinguishment
*0A))I2I*ATI%# %2 T I#() )piritual 8irectly influences the religious submission of men such as sacraments and prayers! !cclesiastical 6acred Religious 0oly Temporal
These are personal prestations+ or acts or ser ices producti e of utility! They are not manifest to the senses+ but are concei ed only by the understanding! Re"uisites1 a! b! c! E$ternal - it is a manifested act! Personal - done by the debtor himself! Possible - can be done both in nature and in law!
Prepared by the CIVIL LAW SECTION Chief NORBERT OBEDOZA Assistant Chief JOHN PAUL MARTIN Members LIWLIWA AGBAYANI, ELMER PEDROZO, ALLAN ANCHETA, JONATHAN FERNANDEZ, GARY DE GUZMAN, EIGEE GALACGAC and YVALLONE LAMATON. All Ri !"# R$#$%&$d by the SAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR OPERATIONS '(().
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CIVIL LAW REVIEWER

As to O9*ER60&P1 a! (ommon - created by *ature for the use of all# res communes (e!g! sun)! b! Public - owned by the 6tate for the use of its inhabitants either directly (e!g! roads) or indirectly (e!g! fortress)! c! Pri ate - owned by pri ate indi iduals! d! *ullius - no owner# res nullius (e!g! hidden treasure)! e! (orporate - owned collecti ely either as patrimonial (e!g! properties of '4%s held in a pri ate capacity) or communal (e!g! pla:as)! As to &33O)&'&TY1 a! &mmo able - cannot be transferred from place to place because of the nature+ incorporation+ destination or by analogy! b! 3o able - can be mo ed from place to place! c! 6emi7mo able - those which mo e by themsel es (e!g! animals)! As to *%3)ER1 a! %ni ersal - se eral things collecti ely form a single object in law under one name (e!g! inheritance)! b! 4eneric - that which indicates its homogenous nature (e!g! a house)! c! 6pecific - that which indicates the specie or its nature and the indi idual (e!g! the house at ;< %pper 3al ar)! As to E2&6TE*(E1 a! Present - actually e$ists physically or legally! b! =uture - do not actually e$ist by whose e$istence can reasonably be e$pected (e!g! ungathered fruits)! As to 8&>&6&)&'&TY1 a! 8i isible - can be di ided physically or juridically without injury to their nature (e!g! inheritance)! b! &ndi isible 7 cannot be di ided without destroying their nature or rendering the fulfillment of the juridical relation (e!g! horse)! As to &3PORTA*(E1 a! Principal 7 those which other things are dependent (e!g! the land on which a house is built)! b! Accessory - dependent upon the principal (e!g! the house built on the land)! As to P%RPO6E or 0O3O4E*E&TY of 6PE(&E1 a! =ungible - belong to a common genus permitting substitution (e!g! grains)! b! *on7fungible - specifically determined and cannot be substituted (e!g! lands)! As to (O*6%3A)&'&TY or *AT%RE1 a! (onsumables - those which are used by consumption (e!g! food)! b! *on7consumables - not consumed by use (e!g! money)! As to A'&E*A)&'&TY1 a! 9ithin the commerce of man - can be the object of juridical relations! b! Outside the commerce of man - cannot be the object of juridical relations! *0A))I2I*ATI%# %2 PR%P!RT'
Tests: a! &mmo able 7 cannot be transferred from place to place! b! 3o able - e$cluded from the enumeration of immo able and can be mo ed from place to place without damage thereto! c! 3i$ed?semi7mo able 7 those which mo e by themsel es (both immo able and mo able in nature)! I""%3A$0! PR%P!RT' (,) $y #ATUR! - it cannot be carried from place to place! a! b! 'ands+ buildings+ roads and constructions (adhered to the soil)! 3ines+ "uarries and slag dumps+ while the matter thereof forms part of the bed+ and waters either running or stagnant!
&he (aterials constituting a building 6hich is the subject of de(olition are (o0able. A structure 6hich is (erely superi(posed, not adhered, to the soil (ay be considered (o0able.
(.) $y I#*%RP%RATI%# - essentially mo ables but are attached to an immo able in a fi$ed manner to be an integral part thereof! (onstructions (adhered to the soil)! Trees+ plants and growing fruits while they are attached to the land or form an integral part of an immo able! c! RE2 >&*TA1 E erything attached to an immo able in a fi$ed manner in such a way that it cannot be separated therefrom without brea@ing the material or deterioration of the object! d! Animal houses or breeding places+ in case the owner has placed them or preser e them with the &*TE*T&O* to attach them permanently tot the land+ and the A*&3A'6 in these places! e! 6tatutes+ reliefs painting or other objects for %6E or OR*A3E*TAT&O*+ placed in a building or on lands+ by the O9*ER of the immo able in such a manner that it re eals the &*TE*T&O* to attach them permanently to the tenements! &hese are i((o0able both by incorporation and by destination. As distinguished fro( ,*7 8 9&A, these can generally be separated fro( the i((o0able 6ithout brea:ing the object. &hese objects beco(e i((obili4ed only 6hen placed in the tene(ent by the o6ner of such tene(ent. ;hen placed by a (ere holder 'e.g. tenant), these objects do not beco(e i((o0able property <9"*SS such person acts as an AG*9& of the o6ner 'e.g. lease of land 6ith stipulation that the lessee 6ill construct i(pro0e(ents 6hich 6ill beco(e the property of the lessor). a! b!
&rees and plants are i((o0able only 6hen they are attached to the land. ;hen they ha0e been cut or uprooted, they beco(e (o0able, *7!*P& 6hen ti(ber constitutes the natural product of the tene(ent, in 6hich case, it still for(s an integral part of the i((o0able. For purposes of the !hattel #ortgage "a6, ungathered fruits (ay be considered as (o0able.
(/) $y &!)TI#ATI%# - essentially mo ables but are placed in an immo able as an added utility! a! Indirect utility: 6tatutes+ reliefs painting or other objects for %6E or OR*A3E*TAT&O*+ placed in a building or on lands+ by the O9*ER of the immo able in such a manner that it re eals the &*TE*T&O* to attach them permanently to the tenements!
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b! &irect utility: 3achinery+ instruments or implements &*TE*8E8 by the owner of the tenement for an &*8%6TRY or 9ORA6 which may be carried on in a building or land+ and which tend 8&RE(T'Y to meet the needs of such industry or wor@s! Animal houses or breeding places+ in case the owner has placed or preser ed them with the &*TE*T&O* to attach them permanently to the land+ and the A*&3A'6 in these places! =ertili:ers A(T%A''Y used on a piece of land! 8oc@s and structures which+ though floating+ are &*TE*8E8 by their nature and object to remain at a fi$ed place on a ri er+ la@e or coast!
CIVIL LAW REVIEWER

PU$0I* *AT&O*A'?6TATE +, Property of public dominion: a! =or public use (e!g! roads+ canals+ ri ers)! b! =or public ser ice (e!g! public buildings)! c! =or the de elopment of the national wealth!
c!
9.%. ,egalian >octrine

/, Patrimonial property: used by the 6tate as a juridical person in its pri ate capacity (e!g! property ac"uired through escheat proceedings+ ta$ sales)! &t is the property which the 6tate has the same rights+ and of which it may dispose+ to the same e$tent as pri ate indi iduals according to laws and regulations on the procedure of e$ercising such rights! 0ence+ it is subject to the principles on pri ate properties (e!g! subject to prescription! *%#*!PT) %# PU$0I* &%"I#I%# a. Public do(inion does not i(port the idea of o6nership. Property of public do(inion is not o6ned by the State but si(ply under its jurisdiction and ad(inistration for the collecti0e enjoy(ent of all the people of the State of 6hich it is the territorial so0ereign. b. &he purpose of property of public do(inion is not to ser0e the State as a juridical person but the citi4ens. t is intended for the co((on and public 6elfare so it cannot be the object of appropriation either by the State or by pri0ate persons. c. &he relation of the State to this property arises fro( the fact that the State is the juridical representati0e of the social group and as such it ta:es care of and preser0es the sa(e and regulates its use for the general 6elfare. d. Properties of public do(inion are outside the co((erce of (en. Hence: !annot be sold, leased or other6ise be the subject (atter of contracts. !annot be ac?uired thru prescription not e0en by (unicipalities against the State. !annot be attached or sold at public auction to satisfy a judg(ent. $ther6ise, essential go0ern(ental ser0ices 6ould be jeopardi4ed. !annot be burdened by ease(ents. !annot be registered under the land registration la6 and be the subject of a &orrens title. PU$0I* 0A#& %niformly used to describe the national domain under the legislati e power of (ongress as has not been subjected to pri ate right or de oted to public use! it is e"ui alent to lands of the public domain! &t refers to lands as are thrown open to pri ate appropriation and settlement by homestead land other laws! (%3!R#"!#T 0A#& A broader term! &t includes not only public lands but also other lands of the go ernment already reser ed+ or de oted to public use+ or subject to pri ate rights! &t includes patrimonial lands!
d! e!
(B) $y A#A0%(' 7 classified by e$press pro ision of law because it is regarded as united to the immo able property! a! b! c! (ontracts for public wor@s! 6er itudes! Real rights o er immo able property!
"%3A$0! PR%P!RT' (,) (eneral Rule: all things which can be transported from place to place without impairment of the real property to which they are fi$ed! (.) !1clusions: those mo ables susceptible of appropriation which are not included in the enumeration of immo ables! (/) )pecial: real property which by any special pro isions of law is considered as personalty! (B) In parts: forces of nature which are brought under control by science! -4. %bligations -credits. and actions -replevin. 5hich have for their object movables -corporeal or intangible. or demandable sums, &hese are really personal rights because they ha0e a definite passi0e subject 'e.g. intellectual property). -6. )hares of stoc7s or interests in juridical entities, *lassification as to nature: a! (onsumable - cannot be used in a manner appropriate to their nature without being consumed! !onsu(able goods cannot be the subject (atter of a contract of co((odatu( unless the purpose of the contract is not the consu(ption of the object as 6hen it is (erely for e=hibition. *on7consumable 7 not consumed by use!
b!
*lassification according to purpose: a! =ungibles 7 belong to a common genus permitting substitution of the same @ind+ "uantity and "uality# (e!g! ,C bottles of wine)! *on7fungibles - specifically determined and cannot be substituted (e!g! ,C bottles of wine which & ha e in my room)! PR%P!RT' *0A))I2I!& A**%R&I#( T% %8#!R) IP
*%#3!R)I%# %2 PR%P!RT' %2 PU$0I* &%"I#I%# T% PATRI"%#IA0 PR%P!RT' a! =ormal declaration by the legislati e department of the go ernment that the property of the 6tate is no longer needed for public use or for public ser ice! Otherwise+ the property continues to be of public dominion notwithstanding the fact that it is not actually de oted for such use or ser ice!
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b! &n case of political subdi isions+ the con ersion must be authori:ed by law PU$0I* 'O(A' +, Property for public use: pro incial roads+ city streets+ s"uares+ fountains+ public waters+ promenades+ public wor@s for public ser ice paid for by such political subdi ision! Patrimonial property: used by the political subdi ision as a juridical person in its pri ate capacity (e!g! property ac"uired through escheat proceedings+ ta$ sales)! &t is the property which the unit has the same rights+ and of which it may dispose+ to the same e$tent as pri ate indi iduals according to laws and regulations on the procedure of e$ercising such rights! 0ence+ it is subject to the principles on pri ate properties (e!g! subject to prescription!
CIVIL LAW REVIEWER

Jus accessiones: &he o6nership of property gi0es the right by accession to e0erything 6hich is produced thereby, or 6hich is incorporated or attached thereto, either naturally or artificially.
Right to possess: the right to hold a thing or enjoy a right1 t (ay be e=ercise in one@s o6n na(e or in the na(e of the other1 possession (ay be in the concept of an o6ner or a (ere holder 6ith the o6nership pertaining to another1 right to possess does not al6ays include the right to use. /, Right to dispose - (jus disponendi) the power of the O9*ER to alienate+ encumber+ transfer and e en destroy the thing owned+ totally or partially+ within the limits prescribed by law# includes right not to dispose!
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&he principles go0erning property of public do(inion of the State are applicable to property of public use of the political subdi0isions. Political subdi0isions cannot register as their o6n any part of the public do(ain, unless it is first sho6n that a grant thereof has been (ade or possession has been enjoyed during the period necessary to establish a presu(ption of o6nership. &hey ha0e no authority to control or regulate the use of public properties unless specific authority is 0ested upon the( by !ongress.
Right of action - (jus indicandi) gi en by the law to the person whose property has been wrongfully ta@en from him against any person unlawfully detaining it e en if the possession of the latter has been legali:ed by con eyance+ either to reco er damages or the possession of the property# the right of action can be transferred! Ho6e0er, the person 6ho clai(s the he has a better right to the property (ust pro0e 'burden of proof) his title thereto. Accordingly, a person in peaceful possession of property (ust be respected in his possession until a co(petent court rules for his ouster.
A*TI%#) 2%R P%))!))I%# +, a! !jectment cases: =orcible entry - A person depri ed of the possession of any land or building by force+ intimidation+ stealth+ threat and strategy (=&6T6)! %nlawful detainer - Any landlord+ endor+ endee or other person against whom the possession of any land or building is unlawfully withheld after the e$piration or termination of the right to hold possession by irtue of any contract+ e$press or implied!
PR%P!RT' %2 PRI3AT! %8#!R) IP This refers to all property belonging to pri ate persons either indi idually or collecti ely and those belonging to the 6tate and any of its political subdi isions which are patrimonial in nature! PR%3I)I%#) *%""%# T% T ! T R!! PR!*!&I#( * APT!R) 9hene er the word DmueblesE or Dfurniture+ is used alone+ it shall not be deemed to include money+ credits+ commercial securities+ stoc@s and bonds+ jewelry+ collections (scientific or artistic)+ boo@s+ medals+ arms+ clothing+ horses or carriages and their accessories+ grains+ li"uids and merchandise+ or other things which do not ha e as their principal object the furnishing or ornamenting of a building E2(EPT when the contrary intention appears! b!
Period to file action: 9ithin , year after such unlawful depri ation or withholding of possession+ commencing from the time of last demand (oral or written# direct or indirect) to acate! *o demand is necessary for a lessee to acate when it is specifically pro ided for in the agreement! Prayer: for the restitution of possession+ with damages and costs! 0owe er+ the only damages that can be reco ered in an Ejectment suit are the fair rental alue or the reasonable compensation for the use and occupation of the real property! Other damages must be claimed in an ordinary action! The defendant+ howe er+ may set up a counterclaim for moral damages and reco er it if it is within the jurisdiction of the court! :urisdiction: 3T( (summary proceedings)! 9hate er the amount of plaintiff5s damages will not affect the court5s jurisdiction! Issue: Physical possession! The decision in such action is res judicata in the "uestion of possession!
%8#!R) IP &efinition: The independent right of a person to the e$clusi e enjoyment and control of a thing including its disposition and reco ery subject only to the restrictions established by law and the rights of others! %bjects: Ownership may be e$ercised o er T0&*46 or R&40T6! Attributes of o5nership: +, Right to enjoy - includes right to use and enjoy (jus utendi)+ right to the fruits (jus fruendi)+ right to accessories (jus accessiones) and right to consume by use (jus abutendi)+ within the limits prescribed by law# includes the right to e$clude any person from the enjoyment and disposal thereof!
Sublessees are bound by the judg(ent rendered against the lessee in an eject(ent case e0en if they 6ere not (ade parties thereto. .! Accion publiciana -plenary action.: whene er the owner is dispossessed by any other means (e!g! possession is due to tolerance of the owner) other than =&6T6+ he may maintain this action to reco er possession without waiting for the e$piration of , year before commencing this suit! &t may also be brought after the e$piration of , year if no action had been instituted for forcible entry or unlawful detainer!
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/! Accion reinvindicatoria: action for reco ery of dominion o er the property as owner!
CIVIL LAW REVIEWER

&I)PUTA$0! PR!)U"PTI%# %2 %8#!R) IP Requisites: ,! There must be actual (physical or material) possession of the property! .! The possession must be under claim of ownership! 0ence+ the true owner must resort to judicial process for the reco ery of the property! R!<UI)IT!) 2%R A*TI%# T% R!*%3!R ,! &dentity of the property! .! 6trength of plaintiff5s title (proof of ownership)! E idence to pro e ownership1 o6nership (ay be pro0ed by any e0idence ad(issible in la6. a. &orrens title. b. &itle fro( the Spanish Go0ern(ent. c. Patent duly registered in the ,egistry of Property by the grantee. d. >eed of sale. e. "ong possession. &a= declarations are not conclusi0e proof of o6nership. Ho6e0er, 6hen coupled 6ith possession for a period sufficient for prescription, they beco(e strong e0idence of o6nership. Also, the failure of a person to declare land for ta=ation (ay be ad(itted to sho6 that he is not the o6ner thereof. 0I"ITATI%#) %# T ! RI( T %2 %8#!R) IP
&his action should be filed in case of refusal of a party to deli0er possession of property due to an ad0erse clai( of o6nership. A suit to reco0er possession of a parcel of land as an ele(ent of o6nership is a rein0indicatory action!
B! 8rit of possession: A writ of possession is improper to eject another from possession e$cept in the following cases1 After the land has been registered under the Torrens system of registration! E$trajudicial foreclosure of mortgage! Fudicial foreclosure of mortgage pro ided that the mortgagor has possession and no /rd party inter ened! E$ecution sales! 8rit of injunction: injunction is not a proper remedy for the reco ery of possession! )ut where the plaintiff is admittedly the owner of the property+ and is in possession thereof+ he is entitled to the e"uitable remedy of injunction to pre ent or restrain acts of trespass and illegal interference by others with the possession of the property!
a! b! c! d! G!
,! RI( T T% !#*0%)! %R 2!#*!: E ery owner may enclose or fence his land or tenements by any reasonable means subject to .! the right of others to e$isting ser itudes imposed on the land or tenement! /!
B! RI( T T% )PA*!; )U$)%I0; A#& )UR2A*! RI( T) %2 A 0A#& %8#!R: The owner of a parcel of land is the owner of its G! surface and of e erything under it+ and he can construct thereon any wor@s or ma@e any plantations and e$ca ations which he may deem proper+ without detriment to ser itudes and subject to special <! laws and ordinances! 0e cannot complain of the reasonable re"uirement of aerial na igation! %$0I(ATI%# T% R!)P!*T T ! RI( T) %2 %T !R): The owner of a thing cannot ma@e use thereof in such a manner as to !conomic utility: &he right of the lando6ner e=tends to the injure the rights of a /rd person! space and subsoil as far as necessary for his practical interests, or &his is based on the police po6er of the State. to the point 6here it is possible to assert his do(inion1 beyond t does not apply 6here the o6ner of a thing (a:es use of it in a these li(its, he 6ould ha0e no legal interest. la6ful (anner for then it cannot be said that the (anner of the use is such Aas to injure the rights of a third personB. &he right of the o6ner of a parcel of land to construct any 6or:s RI( T T% )PA*!; )U$)%I0; A#& )UR2A*! RI( T) %2 A or (a:e any plantations and e=ca0ations on his land is subject to: 0A#& %8#!R: &he right of the o6ner of a parcel of land to a. *=isting ser0itudes or ease(ents. construct any 6or:s or (a:e any plantations and e=ca0ations on his b. Special la6s. land is subject to: c. "ocal ordinances. a. *=isting ser0itudes or ease(ents. d. &he reasonable re?uire(ents of aerial na0igation. b. Special la6s. e. ,ights of third persons. c. "ocal ordinances. d. &he reasonable re?uire(ents of aerial na0igation. Regalian doctrine: All minerals and other natural resources found e. ,ights of third persons. either in public or pri ate lands are owned by the 6tate! f the prohibition is to alienate the property is perpetual, it is considered as 0oid. &he (a=i(u( period of inalienability, 6hen i(posed by 6ill, is C5 years, unless a fideico(issary substitution has been established. &he sa(e principle, by analogy, can apply to any other gratuitous disposition such as donation, unless the donor pro0ides for re0ersion 'Art. -D-), in 6hich case, a longer period (ay be allo6ed. n (ortgage contracts, a stipulation forbidding the o6ner fro( alienating the property (ortgaged is 0oid 'Art. C.25). ;here the stipulation on inalienability is 0alid, the property is 9$& subject to attach(ent. $ther6ise, the prohibition to alienate 6ould be illusory.
Those imposed in general by the 6tate in the e$ercise of the power of ta$ation+ police power+ and power of eminent domain! Those imposed by law such as legal easements and the re"uirement of legitime in succession! Those imposed by the grantor of the property on the grantee+ either by contract or by last will! Those imposed by the owner himself+ such as oluntary easement+ mortgage+ pledge and lease! Those arising from conflicts of pri ate rights such as those which ta@e place in accession continua or those caused by contiguity of property! Prohibition against the ac"uisition of pri ate lands by aliens!
CIVIL LAW REVIEWER

PRI#*IP0! %2 )!02 = !0P 8ho may avail> The O9*ER or 'A9=%' PO66E66OR of a thing! Right involved: R&40T TO E2('%8E any person from the E*FOY3E*T and 8&6PO6A' thereof! )elf?help: =or this purpose+ he may use such force as may be reasonably necessary to repel or pre ent an actual or threatened %*'A9=%' physical in asion or usurpation of his property! Requisites of self?help: ,! Owner must be lawful possessor! .! Owner must use only reasonable force! /! There must be actual or threatened physical in asion or usurpation! B! (an only be e$ercised at the time of an actual or threatened dispossession or immediately after the dispossession has ta@en place!
f through an error, one belie0ed hi(self to be in a state of necessity, or used e=cessi0e (eans, his act 6ould be illicit, and the o6ner of the property can use the principle of selfEhelp. &he la6 does not re?uire that the person acting in a state of necessity be free fro( negligence in the creation of the threatened danger.
!@!R*I)! %2 )TAT! P%8!R) !"I#!#T &%"AI#: *o person shall be depri ed of his property e$cept by competent authority and fro public use and always upon payment of just compensation! 6hould this re"uirement be not complied with+ the courts shall protect and+ in proper cases+ restore the owner in his possession! P%0I*! P%8!R: 9hen any property is condemned or sei:ed by competent authority in the interest of health+ safety or security+ the owner thereof shall not be entitled to compensation+ unless he can show that such condemnation or sei:ure is unjustified! Requisites: ,! The interest of the public in general+ as distinguished from those of a particular class+ re"uires such interference! .! The means employed are reasonably necessary for the accomplishment of a purpose+ and not unduly oppressi e upon indi iduals! RI( T) T% I&&!# TR!A)UR! *oncept: Treasure consists of money+ jewels+ or other precious objects which are hidden and un@nown+ such that their finding is a real disco ery! Rules: a. The treasure belongs to the owner of the land if he is the finder! b. The finder is entitled to ,?. if he is not the owner of the land+ pro ided the disco ery is by chance! c. &f the finder is a trespasser+ he shall not be entitled to any share of the treasure! d. &f the things found be of interest to science or the arts+ the 6tate may ac"uire them at their just price+ which shall be di ided e"ually among the land owner and the finder! e. D)y chanceE means by good luc@# there must be no purpose or intent to loo@ for treasure! &f it does+ the finder+ who is not the land owner+ becomes a trespasser! f. The (ode (ommission do not preclude a finder who hunts for hidden treasure# )ut the one who loo@s for hidden treasure on the property of another should ha e the latter5s permission+ since a trespasser is not entitled to any share in the hidden treasure he may find! g. &f the land owner ga e his permission to the treasure hunter+ the latter is entitled to ,?. because this is still a case of Dby chanceE! h. The rule is different if the finder is unaware of the hidden treasure and he was commissioned by the land owner to loo@ for treasure! &f the finder was so ordered by the owner+ his only right is to be paid his salary+ unless a contrary intention appears in the agreement! i. &f the finder is a lessee or usufructuary+ the latter gets ,?.# if found by another person other than the lessee or usufructuary+ ,?. goes to him and ,?. goes to the owner of the property on which it was found! j. 9ith respect to the term Dother precious objectsE it would refer only to mo ables which are similar to money or jewelry (ejusdem generis rule)# they include things of interest to science or the arts! k. The deposit must be Dhidden and un@nownE+ since if the treasure is purposely hidden+ the owner may reco er it from the finder unless he has abandoned the property or considered it lost without hope of e er finding it!
&he actual in0asion of property (ay consist of a (ere disturbance of possession or of real dispossession. n the first case, the force (ay be used as long as the disturbance continues. n the second case, the force to regain possession can be used only i((ediately after the dispossession. $nce the usurper@s possession has beco(e fir( by lapse of ti(e, the la6ful possessor (ust resort to the co(petent authority to reco0er his property. &he principle of self defense in the ,P! co0ers not only defense of a (an@s person but also e=tends to his rights including the right of property. SelfEhelp doctrine is #$> F *> by the principle of state of necessity, and the conde(nation of property through the e=ercise of State po6ers 'e(inent do(ain and police po6er).
)TAT! %2 #!*!))IT' The owner of a thing has no right to prohibit the interference of another with the same+ if the interference is necessary to a ert an imminent hanger+ and the threatened damage+ compared to the damage arising to the owner from the interference+ is much greater!
State of necessity pre0ails o0er the principle of selfE help.

Right of the o5ner: 8emand from the person benefited indemnity for the damage to him! Exception: &olentino + f the o6ner of the property causing the danger 6ould ha0e been responsible for da(ages if the danger had not been a0erted 'e.g. to pre0ent inundation, de(olition of a da( constructed 6ithout authority. &he o6ner of the da( need not be inde(nified). Requisites: ,! The interference is necessary! .! The damage to another is much greater than the damage to the property!
&he seriousness or gra0ity of the danger (ust be (uch greater than the da(age to the property affected or destroyed by the protecti0e act. >anger to life is al6ays greater than da(age to property.
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l. 9here the things disco ered do not "ualify as hidden treasure+ the rules on occupation would apply! RI( T %2 A**!))I%# &efinition: The right of the owner of a thing+ real or personal+ to become the owner of e erything which is produced thereby+ or which is incorporated or attached thereto+ either naturally or artificially! A**!))I%# A**!))%R' The fruits of+ or additions to+ or Things joined to+ or included impro ements upon+ a thing with the principal thing for the (the principal) in its three forms latter5s embellishment+ better of building+ planting and use+ or completion! sowing! *ot necessary to the principal The accessory and the thing! principal must go together! )oth can e$ist only in relation to the principal!
CIVIL LAW REVIEWER

&he fruits (ay either be in the for( of da(ages suffered by the o6ner of a land.
!1ceptions: a! Possessor in good faith! b! %sufructuary! c! 'essee! d! Pledgee! e! (reditor in Antichresis! #atural fruits1 a! The spontaneous products of the soil! b! The young and other products of the soil! <nder the rule partus se?uitur 0entre(, to the o6ner of fe(ale ani(als 6ould also belong the young of such ani(als although this right is lost 6hen the o6ner (i=es his cattle 6ith those of another. Industrial fruits - The products of lands of any @ind which are produced through culti ation or labor! Standing trees are not fruits since they are considered i((o0ables although they produce fruits the(sel0es. Ho6e0er, they (ay be considered as industrial fruits 6hen they are culti0ated or e=ploited to carry on an industry. *ivil fruits: a! Rents of buildings! b! Prices of leases (rents) of lands and other property (including mo ables)! c! Amount of perpetual or life annuities or other similar income! Payment of !1penses: 0e who recei es the fruits has the obligation to pay the e$penses made by a third person in their production+ gathering and preser ation! !1penses covered: a! 8edicated to the annual production+ and not for the impro ement of the property! b! *ot unnecessary+ e$cessi e+ of for pure lu$ury! c! Re"uired by the condition of the wor@ or the culti ation made!
Since the la6 itself gi0es the right, accession (ay, in a sense, be considered as a (ode of ac?uiring property under the la6.
Ainds of Accession ,! Accession discreta - e$tension of the right of ownership to the products of a thing! %ased on the principle of justice for it is only just that the o6ner of a thing should also o6n 6hate0er it produces. &ivisions: *atural fruits+ industrial fruits+ and ci il fruits! .! Accession continua - the ac"uisition of ownership o er a thing incorporated to that which belongs to the owner! %ased on con0enience, necessity and utility, for it is (ore practical that the o6ner of the principal should also o6n the accessory instead of a coEo6nership. a. ;ith respect to real property, it (ay either be. &! Accession industrial (building+ planting+ sowing)! &&! Accession natural (allu ium+ a ulsion?by force of ri er+ change of ri er course+ and formation of islands)! ;ith respect to personal property, it (ay be: &! (onjunction or adjunction! &&! (ommi$tion or confusion! &&&! 6pecification
&his rule (ay apply 6here the o6ner of the property reco0ers the sa(e fro( a possessor 6ho has not yet recei0ed the fruits although they (ay ha0e already gathered or har0ested. &he rule is in :eeping 6ith the principle on unjust enrich(ent.
!ffect of bad faith: a! &f the fruits ha e not yet been gathered at the time the owner reco ers possession from a possessor in bad faith+ he does not ha e to pay for production e$penses since a possessor in bad faith loses that which has been planted or sown+ without right to any indemnity whatsoe er+ e$cept for necessary e$penses of preser ation! &he land o6ner ac?uires the fruits by accession. b! &f the fruits are already se ered or gathered+ and are ordered turned o er to the owner of the land by the possessor in bad faith+ the latter is entitled to be reimbursed and may deduct his e$penses of culti ation+ gathering and preser ation!
b.
Basic principles on accession: a. &he o6ner of a thing o6ns the e=tension or increase of such thing. b. Accessory follo6s the principal. c. &he incorporation of the accessory 6ith the principal is effected only 6hen t6o things are so united that they cannot be separated 6ithout injuring or destroying the juridical nature of one of the(. A**!))I%# &I)*R!TA R&40T O= O9*ER TO T0E =R%&T6 2ruits: include all the products of things+ the benefits from rights+ and the ad antage deri ed from the use of a thing! &ivisions: *atural fruits+ industrial fruits+ and ci il fruits! (eneral rule: All fruits belong to the O9*ER of a thing!
*0en 6here such e=penses e=ceed the 0alue of the fruits, the o6ner (ust pay the e=penses just the sa(e because the la6 (a:es no distinction. #oreo0er, he 6ho is entitled to the benefits and ad0antages (ust assu(e the ris:s and losses, the o6ner, ho6e0er, (ay free hi(self of the e=penses by per(itting the possessor to co(plete the har0esting and gathering of the fruits for hi(.
8 !# #ATURA0 A#& I#&U)TRIA0 2RUIT) &!!"!& T% !@I)T: Only such as are manifest or born are considered as natural or
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industrial fruits! 9ith respect to animals+ it is sufficient that they are in the womb of the mother+ although unborn!
CIVIL LAW REVIEWER

not been da(aged or transfor(ed and can be returned in their original condition, the lando6ner (ay do so at his e=pense, e0en 6ithout the consent of the o6ner of the (aterials. 8hat is bad faith> On the part of the land owner1 &f he @new that he had no right to ma@e use of such materials! On the part of the owner of the materials1 &f the materials were used by another in his presence+ with his @nowledge and forbearance+ and without opposition on his part! RI( T) %2 $UI0&!R; )%8!R %R P0A#T!R -$)P. 8 !R! T ! *%#)TRU*TI%#; P0A#TI#( %R )%8I#( I) "A&! I# A 0A#& $!0%#(I#( T% A#%T !R $%T PARTI!) I# (%%& 2AIT
!i0il fruits are easily prorated for they are dee(ed to accrue daily and belong to the possessor in good faith in that proportion.
A**!))I%# *%#TI#UA -I#&U)TRIA0. &33O>A)'E PROPERTY $UI0&I#(; P0A#TI#(; )%8I#( (eneral Rule: 9hate er is built+ planted or sown on the land of another and the impro ements or repairs made thereon belong to the owner of the land! &he o6ner of the land (ust be :no6n, other6ise no decision can be rendered on the o6nership of the thing planted, built or so6n until a hearing shall ha0e been accorded to 6hosoe0er is entitled thereto. Presumption: All wor@s+ sowing+ and planting are presumed made by the owner and at his e$pense+ unless the contrary is pro ed! a! The wor@s were made by the owner - based on positi e law# a land naturally has an owner and the law accordingly presumes that he made the wor@s+ sowing or planting! b! They were made at the owner5s e$pense - as a general rule! &t cannot be said that one who builds+ plants or sows on another5s land will do so at his e$pense but for the benefit of the owner# hence+ it must be presumed that what is built+ planted or sown is done at the e$pense of the owner although the one who did so was a third person! RI( T) 8 !R! T ! 0A#& %8#!R "AA!) U)! %2 T ! "AT!RIA0) $!0%#(I#( T% A#%T !R I# P0A#TI#(; *%#)TRU*TI#( %R 8%RAI#( $oth parties in good faith: The land owner becomes the owner of the materials but shall pay their alue# 0owe er+ the owner of the materials shall ha e the right to remo e them but only in case he can do so without injury to the plantings+ constructions or wor@! 0ence+ the owner of the materials is entitled to1 a! Reimbursement for the alue of the materials# OR b! Remo al of the materials if the same can be done without injury to the plantings+ constructions or wor@! 0and o5ner in bad faith and o5ner of the materials in good faith: 0e becomes the owner of the materials but he shall be obliged to pay their alue plus reparation for damages# 0owe er+ the owner of the materials may remo e them e en if the remo al may cause injury to the plantings+ constructions or wor@! 0ence+ the owner of the materials is entitled to1 a! Reimbursement for the alue of the materials plus reparation for damages# OR b! Remo al of the materials whether or not injury could be caused plus reparation for damages! 0ando5ner in good faith and the o5ner of materials in bad faith: The latter would be liable for any conse"uential damages+ without right of remo al! $oth parties in bad faith: They shall both be treated as being in good faith!
t is the o6ner of the land 6ho is allo6ed to e=ercise the option because his right is older and because by the principle of accession, he is entitled to the o6nership of the accessory thing.
The lando5ner is given an option; either: a! To appropriate the impro ement as his own upon payment of the re"uired indemnity1 necessary and useful e$penses# lu$urious e$penses shall not be refunded but may be remo ed if the same can be done without injury to the principal+ unless the land owner gi es refund thereof#
0ence+ the )6P is entitled to1 &! Reimbursement for the alue of the impro ement# A*8 &&! Reimbursement for necessary and useful e$penses# lu$urious e$penses shall not be refunded but may be remo ed if the same can be done without injury to the principal+ unless the land owner gi es refund!
&he obligation to pay inde(nity is a personal obligation. Hence, as a rule, cannot be transferred.
Right of retention: Only the )6P in good faith may retain both the land and the impro ements e en against the real owner until the indemnity has been paid in full by the landowner who has elected to appropriate the impro ements! (onse"uently+ the land owner has no right to demand payment of rents for the occupation of the land!
;here the i(pro0e(ents ha0e been destroyed by a fortuitous e0ent 6ithout the fault of the lando6ner, the right of retention is e=tinguished1 hence, there is no other recourse for hi( but to 0acate the pre(ises and deli0er the land to its o6ner. >uring the period of retention, the %SP is not necessarily a possessor in good faith. Hence, if he recei0es fruits fro( the property, he is obliged to account for such fruits, so that the a(ount thereof (ay be deducted fro( the a(ount of inde(nity to be paid to hi( by the o6ner of the land.
b! OR+ To oblige the sower to pay the proper rent+ and the builder or planter to pay the price of the land unless the alue of the land is considerably more than what has been built or planted! &n the latter case+ the builder or planter shall pay reasonable rent+ unless the owner appropriates the impro ement! n the e0ent of the failure of the builder or planter to pay after the land o6ner opted to sell the land, the latter is entitled to re(o0al of the i(pro0e(ent. c! &n case the )6P is re"uired to pay reasonable rent+ a lease relationship is created! &n case the parties cannot agree on the terms of the lease+ the (ourt shall fi$ such terms!
&he o6ner cannot offer to return the (aterials instead of paying their 0alue1 9e0ertheless, if the (aterials ha0e
0
&he i(pro0e(ents herein (ust be of a per(anent character. $ther6ise, there is no accession and the builder or planter (ust re(o0e the construction. n case of e(inent do(ain, land o6ner cannot e=ercise option AaB. n case there is a contractual relation, the pro0isions of such agree(ent shall be follo6ed1 the (entioned rules apply e0en if the land o6ner is the go0ern(ent.
$)P I# $A& 2AIT A#& 0A#& %8#!R I# (%%& 2AIT Rule: 0e who builds+ sows or plants in bad faith on the land of another+ loses what is built+ planted or sown without right to indemnity! As a matter of justice+ howe er+ )6P is entitled to reimbursement for necessary e$penses of preser ation of the land incurred by him but without the right of retention! !ffect to the fruits: a! &f the fruits ha e not yet been gathered+ the land owner does not ha e to pay for production e$penses since a )6P in bad faith loses that which has been planted or sown+ without right to any indemnity whatsoe er+ e$cept for necessary e$penses of preser ation! &he land o6ner ac?uires the fruits by accession. b! &f the fruits are already se ered or gathered by the )6P in bad faith+ but they are ordered to be turned7 o er to the land owner+ the former is entitled to be reimbursement for e$penses of culti ation+ gathering and preser ation! A0T!R#ATI3! RI( T) %2 0A#&%8#!R ,! To appropriate what has been built+ sown+ or planted in bad faith without any obligation to pay any indemnity e$cept for necessary e$penses for the preser ation of the land+ plus damages To as@ the remo al or demolition of what has been built+ planted or sown in order to replace things in their former condition at the )6P5s e$pense+ plus damages! To compel the sower to pay the proper rent+ and the builder or planter to pay the alue of the land+ whether or not the alue of the land is considerably more than the alue of the impro ements+ plus damages!
CIVIL LAW REVIEWER

0A#&%8#!R I# $A& 2AIT $UT $)P I# (%%& 2AIT The land owner is considered as ha ing made the building+ sowing or planting+ and the )6P shall be considered as the owner of the materials! 0ence+ the land owner shall pay the alue of the materials plus damages because of his bad faith! 0owe er+ the owner of the materials may remo e them e en if the remo al may cause injury to the plantings+ constructions or wor@! 0ence+ the )6P is entitled to1 a! b! Reimbursement for the alue of the materials plus reparation for damages# OR Remo al of the materials whether or not injury could be caused plus reparation for damages! 8 !R! 0A#&%8#!R; $)P A#& %8#!R %2 "AT!RIA0) AR! &I22!R!#T P!R)%#) %5ner of materials acted in good faith regardless of the good or bad faith of the land o5ner or $)P: The owner of the materials is entitled to reimbursement for the alue of the materials principally from the )6P because he is the one who made use of the same+ and subsidiarily from the land owner+ if the )6P has no property with which to pay! %5ner of materials acted in bad faith but the land o5ner and the $)P are in good faith: The owner of the materials forfeits his rights thereto without the right to be indemnified as if he himself built+ planted+ or sowed in bad faith! $)P acted in bad faith but 0and o5ner and o5ner of the materials acted in good faith: a! &f the land owner appropriates the accession+ )6P shall be principally liable to the owner of the materials for their alue plus damages! &n case of insol ency of the )6P+ the land owner shall be subsidiarily liable to the owner of the materials for their alue but *OT for damages for he acted in good faith! )6P is also liable to the owner of the land for damages! &f the land owner elects to ha e the impro ement remo ed+ the materials will re ert to their owner! The latter will be entitled to damages from the )6P!
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b!
0ence+ the )6P in bad faith has the following liabilities1 ,! 0e loses what is built+ planted or sown without right to indemnity+ e$cept for necessary e$penses! .! 0e may be re"uired to reco er or demolish the wor@ in order to replace things in their former condition at his own e$pense! /! 0e may be compelled to pay the price of the land+ and in the case of the sower+ to pay the rent! B! 0e is liable for damages! $%T PARTI!) I# $A& 2AIT Their rights shall be determined as if both acted in good faith! 8hat is bad faith> On the part of the land owner1 whene er the act was done with his @nowledge and without opposition on his part! On the part of the )6P1 when he builds+ sows+ or plants+ @nowing that the land does not belong to him and he has no right to build+ sow or plant thereon!
0and o5ner acted in good faith but o5ner of the materials and $)P acted in bad faith: a! b! The land owner can e$ercise his alternati e rights! 6ince both the owner of the materials and )6P acted in bad faith+ they are treated as ha ing both acted in good faith! 0ence+ the owner of the materials is entitled to be reimbursed by the )6P!
All acted in bad faith: Their rights shall be the same as though all of them acted in good faith! Requisites for the subsidiary liability of lando5ner for the value of the materials: ,! The owner of the materials has not acted in bad faith! .! The )6P has no property with which to pay! /! 'and owner appropriates the accession to himself! Right of $)P 5ho pays o5ner of materials of its value: The former may see@ reimbursement from the land owner for the alue of the materials and labor to pre ent unjust enrichment of the landowner at the e$pense of the builder# this is true if1
*(
,! .! The )6P acted in good faith! The owner of the land appropriates the impro ement!
CIVIL LAW REVIEWER

accretion. &he ease(ent does not depri0e the o6ner of his o6nership. !)TAT!) A&:%I#I#( P%#&) %R 0A(%%#) Rule: The owners of estates adjoining ponds or lagoons do not ac"uire the land left dry by the natural decrease of the waters+ or loss that inundated by them in e$traordinary floods! A**!))I%# *%#TI#UA -#ATURA0. &33O>A)'E PROPERTY A3U0)I%#/$' 2%R*! %2 RI3!R &efinition: &t is the accretion which ta@es place when the current of the ri er+ cree@ or torrent segregates from an estate on its ban@ a @nown portion and transfers it to another estate+ in which case+ the owner of the estate to which the segregated portion belonged+ retains the ownership thereof! Requisites: ,! .! /! The segregation and transfer must be caused by the current of a ri er+ cree@+ or torrent (or by other forces+ e!g! earth"ua@e)! The segregation and transfer must be sudden or abrupt! The portion of land transported must be @nown or identifiable!
(%%& 2AIT "A' *%?!@I)T 8IT #!(0I(!#*!: A party guilty of negligence+ irrespecti e of his good faith+ shall be liable for the damage done in accordance with the rule on culpa a?uiliana or "uasi - delict! A**!))I%# *%#TI#UA -#ATURA0. &33O>A)'E PROPERTY A00U3I%# &efinition: &t is the increment which lands abutting ri ers gradually recei e as a result of the current of the waters+ or the gradual and imperceptible addition to the ban@s of the ri ers! Requisites: ,! The deposit or accumulation of soil or sediment must be gradual and imperceptible! .! The accretion results from the effects or action of the current of the waters of the ri er (or the sea)! /! The land where accretion ta@es place must be adjacent to the ban@ of a ri er (or the sea coast)! Alluvion The deposit of soil or to the soil itself! )rought about by accretion! Accretion The act or the process by which a riparian land generally and impercepti ely recei es addition made by the water to which the land is contiguous! The addition or increase recei ed by the land!
The owner of the estate to which the segregated portion belongs preser es his ownership of the segregated portion pro ided he remo es (not merely claims) the same within the period of . years! =ailure to do so would ha e the effect of automatically transferring ownership o er it to the owner of the other estate! Alluvion The deposit of soil is gradual! The deposit of the soil belongs to the owner of the property where the same was deposited! The soil cannot be identified! Avulsion The deposit it is sudden and abrupt! The owner of the property from which a part was detached retains the ownership thereof! The detached portion can be identified!
Rule: to the owners of the lands adjoining the ban@s of ri ers belong the accretions which they gradually recei e from the effects of the current of the waters! Rationale of alluvion: ,! To compensate him for the danger of the loss that he suffers because of the location of his land (for the estates bordering on ri ers are e$posed to floods and other damage produced by the destructi e force of waters)! To compensate him for the encumbrances and arious @inds of easements to which his property is subject! To promote the interests of agriculture for the riparian owner is in the best position to utili:e the accretion!
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A**!))I%# *%#TI#UA -#ATURA0. &33O>A)'E PROPERTY TR!!) UPR%%T!&/$' 2%R*! %2 RI3!R Rule: Trees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be case+ if the owners do not claim them within < months! &f such owners claim them+ they shall pay the e$penses incurred in gathering or putting them in a safe place! Scope: &his rule refers to uprooted trees only. f a :no6n portion of land 6ith trees standing thereon is carried a6ay by the current to another land, the rule on a0ulsion go0erns. Period to claim: The period for ma@ing a claim is < months# it is a condition precedent and not a period of prescription (8e 'eon)! After a claim is made within si$ months+ an action may be brought within the period pro ided by law for prescription of mo ables! Payment of e1penses for preservation: The original owner claiming the trees is liable to pay the e$penses incurred by the owner of the land upon which they ha e been cast in gathering or putting them in a safe place!
A riparian o6ner cannot ac?uire the addition to his land caused by specialFartificial 6or:s e=pressly intended by hi( to bring about accretion. Hence, a riparian o6ner cannot register accretions to his land constructed for recla(ation purposes. &he allu0ion is auto(atically o6ned by the riparian o6ner fro( the (o(ent the soil deposit can be seen. Ho6e0er, it does not auto(atically beco(e registered land just because the lot 6hich recei0es such accretion is co0ered by a &orrens title. Hence, the allu0ial property is subject to prescription. Ho6e0er, registration under the &orrens syste( does not protect the riparian o6ner against di(inution of the area of his land through gradual changes in the course of the adjoining strea(. f the riparian land is subject to ease(ent established by the go0ern(ent, the riparian o6ner has the right to the
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CIVIL LAW REVIEWER

A**!))I%# *%#TI#UA -#ATURA0. &33O>A)'E PROPERTY A$A#&%#!& RI3!R $!&/* A#(! I# T ! *%UR)! %2 RI3!R Rule: Ri er beds which are abandoned through the *AT%RA' change in the course of waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost! Requisites: ,! There must be a natural change in the course of the waters of the ri er# the law spea@s of change of ri er course such that if a ri er simply dries up or disappears+ the bed left dry will belong to public dominion# the ri er must continue to e$ist with a new bed! .! The change must be abrupt or sudden# the change must be more or less permanent in nature# the change in the ri er course must lea e dry the old bed and open up a new bed! 0owe er+ the owners of land adjoining the old bed are gi en preferential right to ac"uire the same by paying the alue thereof to promote the interest of agriculture because the riparian owners of the old course?bed can better culti ate the same! The indemnification to be paid shall not e$ceed the alue of the area occupied by the new bed!
The pro ision does not refer to the formation of islands through accretion+ but refers to the formation of an island caused by a ri er di iding itself into branches resulting in1 a! &solation (without being physically transferred) of a piece of land or part thereof# OR b! 6eparation (physical transfer+ but not to the point of becoming a ulsion) of a portion of land from an estate by the current &he o6ner preser0es his o6nership of the isolated or separated property. &he la6 does not (a:e any distinction 6hether the ri0er is na0igable or not.
A**!))I%# *%#TI#UA -#ATURA0. &33O>A)'E PROPERTY 2%R"ATI%# %2 I)0A#&) Rules: ,! If formed on the seas 5ithin the jurisdiction of the Philippines; on la7es; or on navigable or floatable rivers: the island belongs to the 6tate as part of its patrimonial property!
A na0igable ri0er is one 6hich in its natural state affords a channel for useful co((erce and not such as is only sufficient to float a banca or a canoe.
.! a! If formed in non = navigable and non = floatable rivers: &t belongs to the nearest riparian owner+ or owner of the margin or ban@ nearest to it as he is considered on the best position to culti ate and de elop the island! &f the island is in the middle of the ri er+ the island is di ided longitudinally in hal es! &f the island formed is longer than the property of the riparian owner+ the latter is deemed ipso jure to be the owner of that portion which corresponds to the length of that portion of his property along the margin of the ri er! &f a single island be more distant from one margin than from the other+ the owner of the nearer margin shall be the sole owner thereof!
b!
,i0er beds are part of public do(ain. n this case, there is abandon(ent by the go0ern(ent of its right o0er the old bed. &he o6ner of the in0aded land auto(atically ac?uires o6nership of the sa(e 6ithout the necessity of any for(al act on his part. In proportion to the area lost i(plies that there are t6o or (ore o6ners 6hose lands are occupied by the ne6 bed. &herefore, if only one o6ner lost a portion of his land, the entire old bed should belong to hi(.
A**!))I%# *%#TI#UA -#ATURA0. &33O>A)'E PROPERTY #!8 RI3!R $!& 8IT %UT A$A#&%#"!#T Rule: 9hene er a ri er+ changing its course by *AT%RA' causes+ opens a new bed through a pri ate estate+ this bed shall become of public dominion!
c!
A**!))I%# *%#TI#UA -I#&U)TRIA0. 3O>A)'E PROPERTY A&:U#*TI%# %R *%#:U#*TI%# &efinition: &t is the union of . mo able things belonging to different owners in such a way that they form a single object+ but each one of the component things preser es its alue! *haracteristics:
&he bed of a public ri0er or strea( is of public o6nership. f the ri0er changes its course and opens a ne6 bed, this bed beco(es of public do(inion e0en if it is on pri0ate property. &he la6 does not (a:e any distinction 6hether the ri0er is na0igable or not.
A**!))I%# *%#TI#UA -#ATURA0. &33O>A)'E PROPERTY $RA#* I#( %2 *%UR)! %2 RI3!R Rule: 9hene er the current of a ri er di ides itself into branches+ lea ing a piece of land or part thereof isolated+ the owner of the land retains his ownership thereto! 0e also retains ownership to a portion of his land separated from the estate by the current!
,! .! /!
There are two mo ables belonging to different owners! They are united in such a way that they form a single object! They are so inseparable that their separation would impair their nature and result in substantial injury to either component!
Ainds: ,! .! &nclusion or engraftment (e!g! 8iamond is set on a gold ring)! 6oldadura or soldering (e!g! 'ead is united or fused to an object made of lead# it is ferruminacion if both the accessory and principal objects are of the same metal# and plumbatura if they are of different metals)! Escritura or writing (e!g! when a person writes on paper belonging to another)! Pintura or painting (e!g! when a person paints on can as belonging to another)!
/! B!
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CIVIL LAW REVIEWER

G!
Tejido or wea ing (e!g! when threads belonging to different owners are used in ma@ing te$tile)!
8 !# )!PARATI%# %2 T I#() U#IT!& A00%8!& a! b! &n case of separation without injury+ their respecti e owners may demand their separation! &n case the accessory is much more precious than the principal+ the owner of the accessory may demand its separation e en though the principal may suffer injury! &n case the owner of principal acted in bad faith!
;here adjunction in0ol0es 2 or (ore things, the follo6ing rules shall also be applied e?uitably.
Rules: Senti(ental 0alue shall be duly appreciated. ,! A&:U#*TI%# I# (%%& 2AIT : &f the union too@ place without bad faith+ the owner of the principal thing ac"uires the accessory+ with the obligation to indemnify the owner of the accessory for its alue!
c!
Tests to determine the principal in adjunction: &n the order of application+ the principal is that1 a! To which the accessory has been united as an ornament or for its use or perfection (R%'E O= &3PORTA*(E A*8 P%RPO6E)! b! Of greater alue+ if they are of une"ual alues! c! Of greater olume+ if they are of an e"ual alue! d! Of greater merits ta@ing into consideration all the pertinent legal pro isions applicable as well as the comparati e merits+ utility and olume of their respecti e things! &n paintings and sculpture+ writings+ printed matter+ engra ing and lithographs+ the board+ metal stone+ can as+ paper or parchment shall be deemed the accessory thing! .! a, A&:U#*TI%# I# $A& 2AIT : &f the union too@ place in bad faith+ the following rules shall apply1 $ad faith on the part of o5ner of accessory: &! 0e shall lose the thing incorporated+ A*8 &&! 0e shall be liable for damages to the owner of the principal thing+ or the payment of the price+ including its sentimental alue as appraised by e$perts! &&&! The principal may demand for the deli ery of a thing e"ual in @ind and alue and in all other respects to that of the principal thing+ or the payment of the price+ including its sentimental alue as appraised by e$perts! b, $ad faith on the part of the o5ner of the principal:
A**!))I%# *%#TI#UA -I#&U)TRIA0. 3O>A)'E PROPERTY *%""I@TI%# %R *%#2U)I%# &efinition: Ta@es place when two or more things belonging to different owners are mi$ed or combined with the respecti e identities of the component parts destroyed or lost! *ommi1tion/confusion There is a greater degree of interpenetration+ and in certain cases+ e en decomposition of the things which ha e been mi$ed! Adjunction %nion of two mo able things in such a way that they form a single object but each one of the component things preser es its alue!
Strictly spea:ing, there is no accession in (i=ture since there is neither a principal nor an accessory. Ainds: The mi$ture may be oluntary or by chance! ,! .! *ommi1tion or the mi$ture of solid things belonging to different owners! *onfusion or the mi$ture of li"uid things belonging to different owners!
Rules: Senti(ental 0alue shall be duly appreciated. ,! a! b! c! "i1ture by 5ill of both the o5ners or by chance: Their rights shall first be go erned by their stipulations! &f the things mi$ed are of the same @ind and "uality+ there is no conflict of rights+ and the mi$ture can easily be di ided between the . owners! &f the things mi$ed are of different @ind and "uality+ in the absence of a stipulation+ each owner ac"uires a right or interest in the mi$ture in proportion to the alue of his material as in co7 ownership! "i1ture caused by an o5ner in good faith or by chance: Their rights shall first be go erned by their stipulations! &f the things mi$ed are of the same @ind and "uality+ there is no conflict of rights+ and the mi$ture can easily be di ided between the . owners! &f the things mi$ed are of different @ind and "uality+ in the absence of a stipulation+ each owner ac"uires a right or interest in the mi$ture in proportion to the alue of his material as in co7 ownership!
The owner of the accessory thing is gi en the option either1 &! To re"uire the owner of the principal thing to pay the alue of the accessory thing+ plus damages! &&! To ha e the accessory thing separated e en if it be necessary to destroy the principal thing+ plus damages! &&&! The accessory may demand for the deli ery of a thing e"ual in @ind and alue and in all other respects to that of the accessory thing+ or the payment of the price+ including its sentimental alue as appraised by e$perts! c, $oth parties in bad faith: their respecti e rights are to be determined as though both acted in good faith!
.! a! b! c!
!oEo6nership arises 6hen the things (i=ed are of different :inds or ?uality. &he e=penses incident to separation shall be borne by all the o6ners in proportion to their respecti0e interests in the (i=ture.
/! "i1ture caused by an o5ner in bad faith: The owner in bad faith not only forfeits the thing belonging to him but also becomes liable to pay indemnity for the damages caused to the other owner!
*)
/! B! "i1ture by both o5ners in bad faith: There is bad faith when the mi$ture is made with the @nowledge and without the objection of the other owner! Accordingly+ their respecti e rights shall be determined as though both acted in good faith!
CIVIL LAW REVIEWER

&n Adjunction and 6pecification+ the principle that Iaccessory follows the principal5 applies+ while in 3i$ture+ co7 ownership results!
APPRAI)A0 %2 )!#TI"!#TA0 3A0U!: )entimental alue shall be duly appreciated in the payment of the proper indemnity in accessions with respect to mo able property!
A**!))I%# *%#TI#UA -I#&U)TRIA0. 3O>A)'E PROPERTY )P!*I2I*ATI%# &efinition: Ta@es place whene er the wor@ of a person is done on the material of another+ and such material+ as a conse"uence of the wor@ itself+ undergoes a transformation! ,! 8or7er and o5ner of the materials in good faith: The wor@er becomes the owner of the wor@?transformed thing but he must indemnify the owner of the material for its alue!
Senti(ental 0alue attached to a thing is not al6ays easy to esti(ate, as such it (ay be considered by the court.
<UI!TI#( %2 TIT0! *oncept of quieting of title: An action to "uiet the title to property or to remo e a cloud thereon is a remedy or form of proceeding originating in e"uity jurisprudence which has for its purpose an adjudication that a claim or title to or an interest in property+ ad erse to that of the complainant+ is in alid+ so that the complainant or his assignees may be fore er afterward free from any danger of hostile claim! Action to quiet title: A remedy or proceeding which has for its purpose an adjudication that a claim of title to realty or an interest thereon+ ad erse to the plaintiff and those claiming under him may fore er be free of any hostile claim! 8hat is a cloud on title> &t is a semblance of title+ either legal or e"uitable+ or a claim or a right in real property+ appearing in some legal form which is+ in fact+ in alid or which would be ine"uitable to enforce! R!<UI)IT!) 2%R !@I)T!#*! %2 *0%U&: ,! The plaintiff in an action to "uiet title must ha e a legal or e"uitable title to+ or an interest in the real property which is the subject matter of the action! A legal title may consist in full ownership or in the na@ed ownership which is registered in the name of the plaintiff! &f the plaintiff has the beneficial interest in the property the legal title of which pertains to another+ he is said to ha e an e"uitable title! An interest in property is any interest short of ownership+ li@e the interest of a mortgagee or a usufructuary! .! There is an instrument+ record+ claim+ encumbrance or proceeding which is apparently alid or effecti e! /! 6uch instrument is in truth and in fact+ in alid+ ineffecti e+ or oidable+ or unenforceable+ or has been e$tinguished or terminated+ or has been barred by e$tincti e prescription! B! 6uch instrument may be prejudicial to said title! G! The Plaintiff must return to the defendant all benefits he may ha e recei ed from the latter+ or reimburse him for e$penses that may ha e redounded to the plaintiff5s benefit! &he purpose of the action to ?uiet title is solely to re(o0e the cloud on the plaintiff@s title or to pre0ent a cloud fro( being cast upon his title and not to obtain any other benefits. *haracteristics of a cloud based on defect in instrument: a! The defect in the instrument is *OT apparent on its face and+ therefore+ has to be pro ed by e$trinsic e idence! &f the instrument is in alid on its face+ there is no cloud to spea@ of for the purpose of an action to "uiet title! b! The alleged cloud must be prima facie substantial+ and cast a suspicion on the title or interest to which it is hostile as will injuriously affect the owner in maintaining his rights! Apprehended or threatened cloud: The (ourt has the power to pre ent the casting of a cloud on title to property pro ided that the cloud is not merely speculati e! Relief is granted if the threatened or
!1ception: If the material is more precious or of more alue than the wor@?transformed thing+ the owner of the material may choose1 a! b! .! To appropriate the new thing to himself but must pay for the alue of the wor@ or labor+ OR To demand indemnity for the material! 8or7er in bad faith but the o5ner of the material in good faith: The owner of the material has the option either1 To appropriate the wor@ to himself without paying the ma@er+ OR To demand the alue of the material plus damages!
a! b!
0imitation: The first option is not a ailable in case the alue of the wor@+ for artistic or scientific reasons+ is considerably more than that of the material+ to pre ent unjust enrichment! /! %5ner of the materials in bad faith but the 5or7er is in good faith: The owner of the material is in bad faith when he does not object to the employment of his materials! Accordingly+ he shall lose his materials and shall ha e the obligation to indemnify the wor@er fro the damages he may ha e suffered (Art! BHC by analogy+ Tolentino)! $oth o5ners are in bad faith: T heir rights shall be determined as though both acted in good faith!
B!
Adjunction; "i1ture; and )pecification distinguished: ,! &n Adjunction and 3i$ture+ there would be at least two things+ while in the 6pecification+ there may be only one thing whose form is changed! &n Adjunction and 6pecification+ the component parts retain or preser e their nature+ while in 3i$ture+ the things mi$ed may or may not retain their respecti e original nature!
.!
*+
anticipated cloud is one which+ if it e$isted+ would be remo ed by suit to "uite title! *0%U& &U! T% !@TI#(UI) "!#T %2 RI( T %R PR!)*RIPTI%#: 9hen the contract+ instrument or other obligation has been e$tinguished or has terminated+ or has been barred by e$tincti e prescription+ there may also be an action to "uiet title or to remo e a cloud therefrom! #ature of actions to quiet title: a! These actions are not technically suits in rem+ nor are they strictly spea@ing+ in person+ but being against the person in respect of the res+ wherein the judgment does not e$tend beyond the property in contro ersy+ these proceedings ac"uire a status that may be characteri:ed as suits quasi in rem, b! The action may be brought as an independent ci il action! c! Petitions for "uieting of title should ta@e precedence o er ejectment case to pre ent multiplicity of suits! Property to 5hich action is applicable: a! Real property or any interest therein! b! (ertain types of personal property (e!g! essels+ motor ehicles+ certificate of stoc@s) which parta@e of the nature of real property or are treated to some e$tent as realty because of registration re"uirements for ownership or transactions! !1amples/Instances of cloud of title: a! An absolute fictitious contract of sale or a sale of simulated consideration! b! A sale by an agent without written authority or after e$piration of his authority! c! A forged contract! d! A contract of sale or donation which has become imperati e because of non -performance by the endee or donee of a condition precedent! e! A oidable contract!
CIVIL LAW REVIEWER

Reliefs: a! The instrument constituting the cloud is decreed to be surrendered and cancelled! b! &n case of a cloud which has been cast upon title by alteration in a deed+ relief may be awarded by decreeing restoration of the deed to its original state! PR%*!&UR! %2 <UI!TI#( %2 TIT0!: The principle of the general law on "uieting of title shall apply! Also+ it shall be go erned by such Rules of (ourt as the 6upreme (ourt shall promulgate! &he S! has not yet pro(ulgated the particular rules on the ?uieting of title. RUI#%U) $UI0&I#() A#& TR!!) I# &A#(!R %2 2A00I#( Rules as to constructions: The owner has the duty to demolish a building+ or any other construction which is in danger of falling or to repair the same in order to pre ent it from falling! &n case of his failure to do so+ demolition of the structure at the e$pense of the owner+ or when demolition is not necessary+ ta@e measures to insure public safety!
&he o6ner is liable for da(ages 6hether or not he had actual :no6ledge of the ruined condition of his building or other construction.
Related provisions: 6ee Articles ,H./+ .,JC+ .,J,+ .,J.! Rules as to trees: The owner of the tree shall be obliged to remo e it whene er it threatens to fall in such a way as to cause damage to1 a! The land or tenement of another+ OR b! To tra elers o er a public or pri ate road! &n case of his failure to do so+ the administrati e authorities+ in the e$ercise of police power+ may order its remo al at the e$pense of the owner!
&he police po6er of the State includes the po6er to abate nuisance per se or per accidens. ,uinous buildings and trees in danger of falling are nuisances per se.
Action to quiet title Purpose is to put an end to troublesome litigation in respect to the property in ol ed! A remedial action in ol ing a present ad erse claim! Plaintiff asserts his own estate and declares 4E*ERA''Y that defendant claims some estate in the land+ without defining it+ and a ers that the claim is without foundation+ and calls on the defendant to set forth the nature of his claim+ so that it may be determined by decree! Action to remove a cloud Purpose is the remo al of a possible foundation for a future hostile action! A pre enti e action to pre ent a future cloud on the title! Plaintiff declares his own title and a ers the source and nature of defendant5s claim+ point out its defect+ and prays that it be declared oid!
*%?%8#!R) IP &efinition: A form of ownership which e$ists whene er an undi ided thing or right belongs to different persons# As a right+ it has been defined as the right of common dominion which two or more persons ha e in a spiritual or ideal part of a thing which is not materially or physically di ided! Requisites/characteristics: a! Plurality of subjects! b! %nity of object or material indi ision! c! Recognition of ideal or intellectual shares of co7owners which determine their rights and obligations!
PR!)*RIPTI$I0IT' %2 A*TI%#: a! An action to "uiet title brought by a person who is in possession of the property is imprescriptible! b! &f the plaintiff is not in possession of the property+ he must in o@e his remedy within the proper prescripti e period of ten or thirty years depending on ordinary or e$traordinary prescription! &efenses against quieting of title: a! Prescription! b! Ac"uisition by the defendant of the title to the property by ad erse possession! c! Res judicata!
&he relationship bet6een and a(ong the coEo6ners is fiduciary in character and attribute. Hence, each coEo6ner beco(es a trustee for the benefit of his coEo6ners and he (ay not do any act prejudicial to the interest of his coEo6ners.
*auses: (o7ownership may arise from a! The 0a5 - as in party walls+ fences and in the legal conjugal partnership! b! c! *ontracts, )uccession - when a person dies intestate+ lea ing his properties undi ided to se eral heirs+ who become co7owners of the inheritance!
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CIVIL LAW REVIEWER

d!
2ortuitous event or chance - as in cases of commi$tion and confusion caused by accident or chance+ and of hidden treasure accidentally disco ered by a stranger on the land of another! %ccupancy - when . persons catch a wild beast or gather forest products!
!:!*T"!#T )UIT: a! (an be brought by anyone of the co-owners!
e!
A coEo6ner (ay bring such an action 6ithout the necessity of joining all the other coEo6ners as coEplaintiffs because the suit is dee(ed to be instituted for the benefit of all. Ho6e0er, if the action is for the benefit of the plaintiff alone, such that he clai(s the possession for hi(self and not for the coE o6nership, the action 6ill 9$& prosper.
b! Action may be brought not only against strangers but e en against a co-owner!
) AR! %2 *%=%8#!R) I# $!#!2IT) A#& * AR(!): &t shall be proportional to their respecti e interests in the co7ownership! Any stipulation in a contract to the contrary shall be oid!
&he article spea:s of Astipulation in a contractB. Hence, if the coEo6nership is created other than by a contract '6ill or donation), the share of the co+o6ners need not be proportionate to their respecti0e interests '>* "*$9).
0I"ITATI%#) %# *%=%8#!RB) RI( T %2 U)!: Each co-owner may use the thing owned in common pro ided he does so1 +, To the purpose for 5hich the co=o5nership is intended,
&he effect of the action 6ill be to obtain recognition of the coE o6nership. &he defendant cannot be e=cluded because he has a right to possess as a coEo6ner, and the plaintiff cannot reco0er any (aterial or deter(inate part of the property.
c! An ad erse decision in the action is not necessarily res judicata with respect to the other co-owners not being parties to the action+ but they are bound where it appears that the action was instituted in their behalf with their e$press or implied consent!
!@P!#)!) %2 PR!)!R3ATI%# A#& T% TA@!): Each co7owner shall ha e a right to compel the other co7owners to contribute to the e$penses of preser ation of the thing or right owned in common and to the ta$es in proportion to their interest therein!
&o deter(ine the purpose for 6hich the property is intended, the agree(ent of the parties should go0ern. n default of such agree(ent, it is understood that the thing is intended for that use for 6hich it is ordinarily accepted to its nature, or the use to 6hich it has been pre0iously de0oted.
The purpose of the co7ownership may be changed by agreement+ e$press or implied!
*=penses of preser0ation 'necessary e=penses) include all those 6hich, if not (ade, 6ould endanger the e=istence of the thing or reduce its 0alue or producti0ity. &hey do not i(ply an i(pro0e(ent or increase. &here is no other re(edy a0ailable against the coEo6ner 6ho refuses to pay his share in the e=penses of preser0ation e=cept an action to co(pel hi( to contribute such share. Failure to contribute does not a(ount to a renunciation of any portion of share in the coEo6nership. &he coEo6ner in default cannot be co(pelled to renounce his share therein. ,enunciation is a 0oluntary and free act.
#ere tolerance on the part of the coEo6ners cannot legali4e the change in the use of a thing fro( that intended by the parties.
/, 8ithout prejudice to the interests of the co= o5nership,
A coEo6ner cannot de0ote co((unity property to his e=clusi0e use. A co+o6ner (ay not con0ey or adjudicate to hi(self in fee si(ple, by (etes and bounds, a deter(inate physical portion of real estate o6ned in co((on.
9, 8ithout preventing the other co=o5ners from using it according to their rights,
&he coEo6ners (ay establish rules regarding their use of the thing o6ned in co((on. n default thereof, there should be a just and e?uitable distribution of uses a(ong all the coEo6ners.
*Remedy of a co?o5ner: Any one of the latter may e$empt himself from this obligation by renouncing so much of his undi ided interest as may be e"ui alent to his share of the e$penses and ta$es! Prejudicial renunciation: *o such wai er shall be made if it is prejudicial to the co7ownership! &llustration1 &n a building owned in common+ urgent repairs are needed! Otherwise+ the building is going to collapse! A owns .?/ interest in the building+ and ) and ( own ,?< each! &f ) and ( ha e each just enough funds e"ual to ,?< of the e$pected e$penses for the repair of the building+ and then A renounces in their fa or all his interest in the building+ the repair may become impossible of accomplishment for lac@ of funds! The wai er in this case is oid! ) and ( can proceed to ha e the building repaired+ and A would still be bound to pay his share of the e$penses+ notwithstanding his renunciation! Rules on renunciation: a! Total or partial! b! E$pressly made - a tacit renunciation cannot produce any effect! c! The renunciation is in reality a case of dacion en pago# the debt of the co7owner consisting of his share in the e$penses of preser ation and ta$es+ is paid+ not in money+ but in an interest in property! d! 6ince the renunciation refers to a portion e"ui alent in alue to the share of the renouncing co7owner in an e$isting debt+ it is only logical that the other co7 owners+ who must should the debt of the renouncer in e$change for the portion being renounced+ should consent thereto! e! Renunciation refers to e$isting debts and *OT to future e$penses! f! Renunciation is a free act# a co7owner may not be compelled to renounce! g! 0owe er+ wai er is not allowed if it is prejudicial to the co-ownership! #%TI*! %2 #!*!))IT' 2%R #!*!))AR' !@P!#)!)C !@P!#)!) 2%R A&"I#I)TRATI%# A#& $!TT!R !#:%'"!#T: Repairs for preser ation may be made at the will of one of the co7owners+ but he must+ if practicable+ first notify his co7owners of the necessity for such repairs! E$penses to impro e or embellish the thing shall be decided upon by a majority! ,! *ecessary e$penses!
CIVIL LAW REVIEWER

&he only effect of failure to gi0e notice of necessity is to place upon the coEo6ner 6ho (a:es the ad0ances the burden of pro0ing the necessity of the repairs and the reasonableness of the e=penses. &he coEo6ners 6ho 6ere not notified 6ill not be re?uired to contribute to e=penses 6hich are e=cessi0e. f due to the opposition of the others, the repairs are not underta:en, those 6ho opposed such repairs shall pay the losses and da(ages suffered by the co((unity.
.! E$penses to impro e or embellish are a matter of administration and better enjoyment of the thing owned in common! 6ince they are not essential to the preser ation of the thing owned in common+ and can afford to be delayed+ the consent of the majority of the co-owners is re"uired!
Majority: &here shall be no (ajority unless the resolution is appro0ed by the coEo6ners 6ho represent the controlling interest in the object of coEo6nership 'not nu(erical superiority).
:oint o5nership or Tenancy Anglo7american law concept! There is no abstract share ownership by the joint owners+ the rights of the joint tenants being inseparable (as if they are one)! 8eath of a joint owner e$tinguishes his rights to the tenancy! 6ubrogation?sur i orship1 The sur i ing joint owner ac"uires the right pertaining to the deceased joint owner! A joint owner cannot dispose of his share in the tenancy without the consent of the other joint owners! 3inority of a joint owner inures to the benefit of the other joint owners for purposes of prescription!
*o?o5nership (i il law concept! Each co-owner+ together with the other is the owner of the whole undi ided thing or right but at the same time of his own ideal part thereof! 8eath of a co7owner does not e$tinguish his rights to the co7 ownership! The heirs of the deceased co7 owner succeed to the right pertaining to him! A co7owner can dispose of his undi ided share freely! The minority of a co7owner cannot be a ailed of by the other co7owners as a defense against prescription!
A coEo6ner (ay ad0ance the e=penses for preser0ation. f practicable, he is re?uired to gi0e notice to his coEo6ners of the 9*!*SS &Y of the repairs to be (ade but he is 9$& re?uired to obtain their consent. Reason: *ach coEo6ner preser0es the rights inherent in o6nership in general, and he should not be prejudiced by the negligence of the others by (a:ing it necessary for hi( to sub(it to their resolutions, thereby pre0enting hi( fro( ta:ing the necessary (easures to pre0ent the destruction of the thing or loss of the right o6ned in co((on, although it is 6ithin his po6er to do so. 9either lac: of notice nor fact of opposition to an intended e=pense for preser0ation does not depri0e the coE o6ner 6ho intends to (a:e the necessary repairs of the right to do so and 6ould not e=e(pt the other co+o6ners fro( the obligation. &he resolutions of the (ajority are binding only 6ith respect to ad(inistration and better enjoy(ent of the thing and 6ith respect to e=penses to i(pro0e or e(bellish the thing. Accordingly, the 6ill of one of the coEo6ners is sufficient authority for (a:ing or incurring the(.
!asement There is in each co -owner a right of dominion o er the whole property and o er his undi ided share! The right of ownership rests solely on each e ery co7 owner o er a single object!
*o?o5nership Easement is precisely a limitation on the right of dominion! The right of dominion is in fa or of one or more persons and o er two or more different things! *o?o5nership (an be created by different causes li@e law or contract! The usual purpose is for collecti e enjoyment and to
%rdinary partnership (an be created only by agreement The usual purpose is for profit!
*.
maintain the unity and preser ation of the thing owned in common! The co7ownership has no separate juridical personality! (o7ownership cannot e$ist for a period longer than ,C years although renewable! There is freedom of disposition of a co7owner5s share! 8eath or incapacity of a co7 owner does not e$tinguished co7ownership! 8istribution of charges and benefits is proportional! There is no mutual representation by the coowners!
CIVIL LAW REVIEWER

proportion to the appurtenant interest of their respecti e units in the common areas!
The partnership has a separate juridical personality! (an be created for a period of more than ,C years! A partner cannot transfer his rights to /rd persons without the consent of the others! (an be e$tinguished by the death or incapacity of one of the partners! 8istribution of profits is subject to stipulations! There is mutual representation by the partners!
A0T!RATI%#): *one of the co7owners shall+ without the consent of the others+ ma@e alterations in the thing owned in common+ e en though benefits for all would result therefrom! 0owe er+ if the withholding of the consent by one or more of the co7owners is clearly prejudicial to the common interest+ the (ourts may afford ade"uate relief! &efinition: An act+ by irtue of which+ a co7owner+ in opposition to the common or tacit agreement+ and iolating the will of the co7 ownership+ changes the thing from the state in which the others belie e it should remain+ or withdraws it from the use to which they desire it to be intended# transformation which change the essence and nature of the thing!
&I22!R!#T )T%RI!) %2 A %U)! $!0%#(I#( T% &I22!R!#T %8#!R)
An alteration constitutes an e=ercise of the right of o6nership, and not of (ere ad(inistration. Hence, alterations (ust be (ade by the consent of all of the coEo6ners e0en though the alteration 6ould be beneficial, and not by a (ere (ajority. &he consent (ay be e=press or i(plied as in the case of a coEo6ner 6ho :no6s that the alteration is being (ade, but does not interpose any objection thereto. Ho6e0er, the consent gi0en (ust be e=press to entitle reco0ery or rei(burse(ent for the e=penses incurred in the alteration. ;hen the change or alterations (erely affect the better enjoy(ent of the thing, the agree(ent of the coEo6ners representing the (ajority interest is sufficient.
The co-owner who ma@es such alteration without the e$press or implied consent of the other co-owners acts in bad faith+ as a punishment he should1 a! 'ose what he spent! b! )e obliged to demolish the impro ements done! c! )e liable to pay for losses and damages the community property or the other co-owners may ha e suffered! d! 9hate er is beneficial or useful to the co7ownership shall belong to it!
&he abo0e for( of o6nership (ust be distinguished fro( a condo(iniu(.

Rules: &f the titles of ownership do not specify the terms under which they should contribute to the necessary e$penses and there e$ists no agreement on the subject+ the following rules shall be obser ed1 ,! 3ain walls+ party walls+ the roof and other things used in common1 all owners in proportion to the alue of the story belonging to each! =loors of story1 each owner shall bear the cost of maintaining the floor of his story! =loor of entrance+ front door+ common yard and common sanitary wor@s1 all owners pro rata! 6tairs from the entrance to the first story1 all owners pro rata+ with the e$ception of the owner of the ground floor! 6tairs from the first story to the second story1 all owners pro rata+ with the e$ception of the owner of the ground floor and the first floor# and so on+ successi ely! 6tairs going to the basement1 Owner of the basement!
.! /! B!
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RU0!) 2%R A*T) %2 A&"I#I)TRATI%# A#& $!TT!R !#:%'"!#T: a! =or the administration and better enjoyment of the thing owned in common+ the resolutions of the majority of the co7owners shall be binding! b! There shall be no majority unless the resolution is appro ed by the co7owners who represent the controlling interest in the object of the co7ownership!
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R,A, DE/6: T ! *%#&%"I#IU" A*T *ondominium defined: An interest in real property consisting of a separate interest in a unity in a residential+ industrial or commercial building and an undi ided interest in common+ directly or indirectly+ in the land on which it is located and in other common areas of the building! A condominium may include+ in addition+ a separate interest in other portions of such real property! Title to common areas+ including the land+ or the appurtenant interests in such areas+ may be held by a corporation specially formed for the purpose (condominium corporation) in which the holders of separate interests shall automatically be members or shareholders+ to the e$clusion of others+ in
c!
6hould there be no majority+ or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common+ the (ourt+ at the instance of an interested party+ shall order such measures as it may deem proper+ including the appointment of administrator! *haracteristics of acts of administration: a! b! c! They refer to the enjoyment and preser ation of the thing! They ha e transitory effects! Alterations which do not affect the substance or form of the thing!
*/
A lease ceases to be an act of ad(inistration and beco(es an act of o6nership 6hen it is re?uired to be recorded in the ,egistry of Property 6ith a special po6er of attorney. A special po6er of attorney shall be necessary 6hen the lease of any real property is for a period of (ore than . year. n this (anage(ent, the (ajority of interests control, and their decisions are binding upon the (inority. n (a:ing these decisions, ho6e0er, there should be a notice to the (inority, so that they can be heard, and the (ajority 6ill be justified in proceeding 6ithout pre0ious consultation 6ith the (inority, only 6hen the urgency of the case and the difficulty of (eeting so re?uire.
Instances of prejudicial resolution of the "A:%RIT': ,! 9hen the resolution calls for a substantial change or alteration of the common property or of the use to which it has been dedicated by agreement or by its nature! 9hen the resolution goes beyond the limits of mere administration+ or in ades the proprietary rights of the co7owners! 9hen the resolution e$poses the thing to serious danger! 9hen the majority refuses to dismiss an administrator who is guilty of fraud or negligence! ,!
CIVIL LAW REVIEWER

)y the consolidation or merger in only one of the co7owners of all the interests of the others! .! )y the destruction or loss or the property co-owned! /! )y ac"uisiti e prescription in fa or of a third person or a coowner who repudiates the co-ownership! B! )y the termination of the period agreed upon or imposed by the donor or the testator+ or the period allowed by law! G! )y the sale by the co7owners of the thing to a third person and the distribution of its proceeds among them! <! )y the partition+ judicial or e$trajudicial+ of the respecti e undi ided shares of the co7owners! Partition shall be go0erned by the ,ules of !ourt. &he (ere fact that the partition of the property (ay affect the usefulness or 0alue of the 6hole is not a 0alid e=cuse for a refusal to ha0e it partitioned a(ong the coEo6ners. An action for partition does not prescribe. Partition defined: The di ision between two or more persons of real or personal property which they own in common so that each may enjoy and possess his sole estate to the e$clusion of and without interference from the others! !1ceptions to the right of partition: ,! 9hen the co7owners ha e agreed to @eep the thing undi ided for a certain period of time+ not e$ceeding ,C years! This term may be e$tended by a new agreement! &he e=cess in .5 years shall be 0oid. ;hen the agree(ent is that it shall continue until one coEo6ner dies, the indi0ision cannot go beyond .5 years. f a coEo6ner dies before .5 years e=pire, the indi0ision 6ill cease upon such death. .! /! 9hen the partition is prohibited by the donor or testator for a certain period not e$ceeding .C years! 9hen another co-owner has possessed the property as e$clusi e owner and for a period sufficient to ac"uire it by prescription!
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/! B!
&he ad(inistration (ay be delegated by the coEo6ners to one or (ore persons, 6hether coEo6ners or not. &he po6ers and duties of such ad(inistrators (ust be go0erned by the rules on agency.
B! RI( T) %2 !A* *%?%8#!R: ,! .! /! 0e shall ha e full ownership of his part (his undi ided interest or share in the common property)! 0e shall ha e full ownership of the fruits and benefits pertaining thereto! 0e may alienate+ assign or mortgage his ideal interest or share! The effect of the alienation or mortgage shall be limited to the portion which may be allotted to him in the di ision upon the termination of the co7 ownership! 0e may e en substitute another person in the enjoyment of his part+ e$cept when personal rights are in ol ed such as his share in a right to use and habitation! 0e may by himself e$tinguish any real right e$isting on the thing+ such as easement or mortgages+ because in e erything that is for the benefit of the community+ each co7owner represent all the others!
9hen a partition is prohibited by law as when the co7owners cannot demand a physical di ision of the thing owned in common because to do so would render it unser iceable for the use for which it is intended! 9hen the thing is essentially indi isible+ the co7ownership may be terminated in accordance with the following rules1 a! Agreement between the co7owners that the thing be allotted to one of them who shall indemnify the others! b! &f the co7owners cannot agree+ the thing shall be sold and its proceeds distributed to the co7owners! G! 9hen from the ery nature of the community+ it cannot be legally di ided+ such as in party walls and the conjugal partnership!
B!
Purpose and effect of partition: ,! &t has for its purpose the separation+ di ision and assignment of the thing held in common among those to whom it may belong# the thing itself may be di ided+ or its alue! .! After partition+ the portion belonging to each co7owner has been identified and locali:ed+ so that co7ownership+ in its real sense+ no longer e$ists! Action for partition
G!
Issues: ,! 9hether or not the plaintiff is indeed a co-owner! .! 0ow the property is to be di ided between the plaintiff and the defendant!
T!R"I#ATI%# %2 *%=%8#!R) IP: *o co7owner shall be obliged to remain in the co7ownership! Each co7owner may demand at any time the partition of the thing owned in common! *auses of termination:
o5 partition is effected: a! E$trajudicially pursuant to an agreement or by judicial proceedings under Rule <J of the Rules of (ourt!
*0
CIVIL LAW REVIEWER

b!
3ay be effected in conse"uence of a suit through a settlement between the parties with the appro al of a competent court
*reditors: includes all @inds of creditors+ pro ided they became so during the e$istence of the co-ownership! Assignees: refers to transferees of the interests of one or more of the co-owners! Rules: ,! &f no notice is gi en+ the partition will not be binding upon the creditors! The creditors or assignees may "uestion the partition! .! &f notice is gi en+ it is their duty to appear and ma@e @nown their position! /! They cannot impugn a partition already e$ecuted or implemented+ unless1 a! There has been fraud+ whether or not notice was gi en+ and whether or not formal opposition was presented+ OR b! The partition was made notwithstanding a formal opposition presented to pre ent it+ e en if there has been no fraud!
;here in an action for recon0eyance and da(ages does not specifically see: partition, it does not preclude the court fro( considering partition as a re(edy under art. 3/3
PR!)*RIPTI%# I# 2A3%R %2 %R A(AI#)T A *%? %8#!R: Prescription does not run in fa or of a co7owner or co7heir against his co7owners or co7heirs so long as he e$pressly or impliedly recogni:es the co7ownership!
;here a coEo6ner or co+heir repudiates the coE o6nership, prescription begins to run fro( the ti(e of repudiation. &hus, the i(prescriptibility of the action to de(and partition cannot be in0o:ed 6hen one of the coE o6ners has clai(ed the property as e=clusi0e o6ner and possessed it for a period sufficient to ac?uire it by prescription. n order that (ay prescribe in fa0or of one of the coE o6ners, it (ust be clearly sho6n that he has repudiated the clai(s of the others, and that they 6ere apprised of his clai( of ad0erse and e=clusi0e o6nership, before prescripti0e period begins to run.
#ature of possession of a co=o5ner: The possession of a co7owner is li@e that of a trustee! *o one of the coowners may ac"uire e$clusi e ownership of the common property through prescription for the possession by the trustee alone is not deemed ad erse to the rest! &n order that his possession may be deemed ad erse to the others+ the following re"uisites must concur1 ,! .! /! That he has performed une"ui ocal acts of repudiation amounting to an ouster of the others! 6uch positi e acts of repudiation ha e been made @nown to the others! The e idence thereon must be clear and con incing!
T IR& P!R)%#): The partition of a thing owned in common shall not prejudice third persons+ who shall retain the rights of mortgage+ ser itude+ or any other real rights belonging to them before the di ision was made! Personal rights pertaining to third persons against the co7ownership shall also remain in force+ notwithstanding the partition!
&hird persons refers to all those 6ith real rights or 6ith personal rights against the co+o6ners 6ho had no participation 6hate0er in the partition. Such rights of third persons e=isting before the di0ision 6as (ade are retained by the( or re(ain in force not6ithstanding the partition.
0!(A0 %R :URI&I*A0 &I))%0UTI%#: 9hen the thing is essentially indi isible+ the co7ownership may be terminated in accordance with the following rules1 a! Agreement between the co7owners that the thing be allotted to one of them who shall indemnify the others! b! &f the co7owners cannot agree+ the thing shall be sold and its proceeds distributed to the co7owners!
&he sale (ay be public or pri0ate, and the purchaser (ay be a coEo6ner or a third person.
%$0I(ATI%#) %2 *%=%8#!R) I# PARTITI%#: ,! .! /! B! 3utual accounting of benefits recei ed for the fruits and other benefits of the thing belong to all the co7owners! 3utual reimbursement for e$penses+ for if they share in the benefits+ they should also share in the charges! &ndemnity for damages caused by reason of negligence or fraud! Reciprocal warranty for defects of title or "uality of the portion assigned to a co-owner! P%))!))I%# *oncept: The holding of the thing or the enjoyment of a right with the intention to possess in one5s own right! !lements: ,! there must be holding or control of a thing or right# e$ception1 those cases mentioned in ART!G/H! .! the holding or control must be with intention to possess! /! it must be in one5s own right! possession is characteri:ed by two relations1
Hence, a (ere silent possession of the trustee unacco(panied 6ith acts a(ounting to an ouster of the cestui ?ue trust cannot be construed as ad0erse possession.
)pecific acts 5hich are considered acts of repudiation: a! =iling by a trustee of an action in court against the trust to "uiet title+ or reco ery of ownership thereof+ held in possession by the former! The issuance of the certificate of title would constitute an open and clear repudiation of any trust+ and the lapse of more than .C years+ open and ad erse possession as owner would certainly suffice to est title by prescription!
b!
PARTI*IPATI%# %2 *R!&IT%R) A#& A))I(#!!) I# T ! PARTI*IPATI%#: The creditors or assignees may ta@e part in the di ision of the thing owned in common and object to its being effected without their concurrence! )ut they cannot impugn any partition already e$ecuted+ unless there has been fraud+ or in case it was made notwithstanding a formal opposition presented to pre ent it+ without prejudice to the right of the debtor or assignor to maintain its alidity!
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,! .! the possessor5s relation to the property itself# the possessor5s relation to the world -
CIVIL LAW REVIEWER

the e$ception is in relation to the si:e of the tract in contro ersy with reference to the portion actually in possession of the claimant
form or degrees of possession ,! possession without any title whate er - mere holding or possession without any right or title at all e!g! thief+ s"uatter# .! possession with a juridical title - possession is predicated on a juridical relation e$isting between the possessor and the owner of the thing but not in the concept of owner e!g! lessee+ usufructuary+ agent+ pledgee+ trustee# /! possession with a just title - possession of an ad erse claimant whose title is sufficient to transfer ownership but is defecti e e!g when the seller is not the true owner or could not transmit his rights thereto to the possessor who acted in good faith# B! possession with a title in fee simple - possession deri ed from the right of dominion or possession of an owner note1 T0&6 &6 T0E 0&40E6T 8E4REE O= PO66E66&O* nature of possession ,! as an act - it is simply the holding of a thing or the enjoyment of a right with the intention to possess one5s own right# .! as a fact - when there is holding or enjoyment+ then possession e$ists as a fact# it is the state or condition of a person ha ing property under his control# /! as a right - refers to the right of a person to that holding or enjoyment to the e$clusion of all others ha ing better right than the possessor# it may be 1 7jus possidendi or right to possession which is incidental to and included in the right of ownership# 7jus possessionis or right of possession independent of and apart from the right of ownership Kpossession as a fact1 ,! a possessor has a right to be respected in his possession+ and should he be disturbed therein+ he shall be protected in or restored to said possession# .! possession is not a definiti e proof of ownership nor is non - possession inconsistent therewith# possession+ howe er+ may create ownership either by occupation or by ac"uisiti e prescription classes of possession ,! .! /! possession in one5s own name or in the name of another# possession in the concept of owner or possession in the concept of the holder# possession in good faith or possession in bad faith
note1 the doctrine does not apply where the possession is wrongful or the part allegedly constructi ely possessed is in the ad erse possession of another ART!G.B *A3E %*8ER 90&(0 PO66E66&O* 3AY )E E2ER(&6E8 ,! .! in one5s own name1 the fact of possession+ and the right to such possession are found in the same person such as the actual possession of an owner or a lessor of land# in the name of another1 the one in actual possession is without any right of his own+ but is merely an instrument of another in the e$ercise of the latter5s possession+ such as the possession of an agent+ ser ant or guard# it may be1 7 oluntary as when e$ercised by irtue of an agreement# 7necessary or legal as when e$ercised by irtue of law+ such as the possession in behalf of incapacitated person
ART!G.G (O*(EPT &* 90&(0 PO66E66&O* 3AY )E 0A8 . concepts1 ,! possession in the concept of owner1 7ta@es place when the possessor of a thing or right+ by his actions +is considered or is belie ed by other people as the owner+ regardless of the good or bad faith of the possessor# 7it is possession under a claim of owership or title by one who is the owner himself or one who is not the owner but claims to be and acts as the owner# .! possession in the concept of holder1 7ta@es place when the possessor of a thing or right holds it merely to @eep or enjoy it+ the ownership pertaining to another person# 7it is possession not under claim of ownership+ the possessor ac@nowledging in another a superior right which he belie es to be of ownership+ whether this be true or not# Kpossession in concept of both owner and holder or in neither1 7distinction must be borne in mind between possession of the thing itself and possession of the right to @eep or enjoy the thing# 7rights are possessed in the concept of owner ART!G.< PO66E66OR &* 4OO8 =A&T0 A*8 PO66E66OR &* )A8 =A&T0 8E=&*E8 ,! .! possessor in good faith is one who is not aware that there e$ists in his title or mode of ac"uisition any flaw which in alidates it# possessor in bad faith is one who possesses in any case contrary to the foregoing e!g! he is aware that there e$ists in his title or mode of ac"uisition a flaw which in alidates it
e$tent of possession ,! .! actual possession - is the occupancy in fact of the whole or at least substantially the whole# constructi e possession7 is occupancy of part in the name of the whole under such circumstances that the law e$tends the occupancy to the possession of the whole
note1 the distinction between the two @inds of possession is important principally in connection with the receipt of fruits and the payment of e$penses and impro ements and the ac"uisition of ownership by prescription under art! ,,.H# 7the distinction is immaterial in the e$ercise of the right to reco er under art! G/J which spea@s of e ery possessor# 7the good or bad faith is necessarily personal to the possessor but in the case of a principal and any person represented by another+ the good or bad faith of the agent or legal representati e will benefit or prejudice him for whom he acts ,! .! re"uisites for possession in good faith or in bad faith the possessor has a title or mode of ac"uisition# there is a flaw or defect in said title or mode#
K8O(TR&*E O= (O*6TR%(T&>E PO66E66&O* - possession in the eyes of the law does not mean that a man has to ha e his feet on e ery s"uare meter of ground before it can be said that he is in possession# - the general rule is that the possession and culti ation of a portion of a tract of land under claim of ownership of all is constructi e possession#
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/! the possessor is unaware or aware of the flaw or defect or belie es that the thing belongs or does not belong to him
CIVIL LAW REVIEWER

O)FE(T O= PO66E66&O* ,! .! must be susceptible of being appropriated# need not be susceptible of prescription
KEmista@e upon a doubtful or difficult "uestion of lawE may be the basis of good faith# 7the phrase refers to honest error in the application of the law or interpretation of doubtful or conflicting legal pro isions or doctrines# 7it is different from ignorance of the law# 7ignorance of the law may only be a basis of good faith in e$ceptional circumstances ART!G.H PRE6%3PT&O* O= 4OO8 =A&T0 7the pro ision does not say that good faith e$ists+ but it is presumed# 7it is just because possession is the outward sign of ownership e!g of the presumption1 7defendant5s possession of personal property alleged to ha e been stolen will be presumed to ha e been ac"uired in good faith until that presumption is o ercome by satifactory e idence# 7a purchaser of property at a public auction by the sheriff is a possessor in good faith although ejected therefrom by a subse"uent judgment in fa or of the real owner in the absence of proof of bad faith ART!G.L (E66AT&O* O= 4OO8 =A&T0 8%R&*4 PO66E66&O* 7possession which begins in good faith is presumed to continue in good faith until the possessor ac"uires @nowledge of the facts showing a defect or wea@ness in his title Kbad faith begins or good faith is interrupted from the time the possessor becomes aware that he possesses the thing improperly or wrongfully *OT from the time possession was ac"uired# - in the absence of other facts showing the possessorMs @nowledge of defect in his title+ good faith is interrupted from the receipt or ser ice of judicial summons# - a possessor in good faith is entitled to the fruits only so long as his possession is not legally interrupted+ and so long as his possession is not legally interrupted+ and such interruption ta@es place upon ser ice of judicial summons ART!G.J (O*T&*%&TY O= PO66E66&O* T0E (0ARA(TER O= T0E
!HAP&*, C A!G< S & $9 $F P$SS*SS $9 ART!G/, 9AY6 O= A(P%&R&*4 PO66E66&O* ,! .! /! by the material occupation or e$ercise of a right# by the subjection of the thing or right to our will# by proper acts and legal formalities established for ac"uiring such right of possession
material occupation or e$ercise of a right ,! with respect to things - law re"uires material occupation as one of the modes of ac"uiring possession# - does not ha e the juridical and technical sense under art! H,. for purposes of ac"uiring ownership+ but in its general and material sense or usual and common meaning with respect to rights - such rights are intangible and cannot logically be occupied+ what is re"uired is the e$ercise of a right
.!
Kthe material occupation of a thing as a means for ac"uiring possession may ta@e place not only by actual deli ery but also by constructi e deli ery# Kit includes# 7tradicion bre0i (anu which ta@es place when one already in possession of a thing by a title other than the ownership continues to possess the same under a new title+ that of ownership# 7tradicion constitutu( possessoriu( which happens when the owner continues in possession of the property alienated not as owner but in some other capacity subject to the action of will 7occupation has the effect of subjecting things to the action of the possessor5s will# the same is true of proper acts and legal formalities# 7the law contemplates a distinct cause of ac"uiring possession and not merely an effect# it refers to the right of possession than to possession as a fact# K. @inds of constructi e deli ery1 7tradicion longa (anu which is effected by the mere consent or agreement of the parties# 7tradicion si(bolica which is effected by deli ering an object proper acts and legal formalities 7refers to ac"uisition by irtue of a just title# ART! G/. )Y 90O3 PO66E66&O* A(P%&RE8 ,! .! /! personally or by the same person who is to enjoy it# thru an authori:ed person or by his legal representati e or agent# thru an unauthori:ed person or by any person without any power or authority whate er
7the character of the possession is presumed to continue until the contrary is pro ed other presumptions affecting possession1 - uninterrupted possession of hereditary property (art!G// par!,)# - possession with just title (art!GB,)# - possession with mo ables with real property (art!GB.)# - e$clusi e possession of common property (art!GB/)# - continuous possession (art!GBB)# - uninterrupted possession (art!G<,)# - possession during inter ening period (art! ,,/L N.O) ART!G/C
ac"uisition of possession through another possession ac"uired by a person personally or thru another+ may be e$ercised by him in his own name or in that of another#
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if a person authori:ed to ac"uire possession for another acted beyond his powers+ the principal is not bound unless the latter ratifies the act of ac"uisition# the e$ception is when a person oluntarily manages the property or business of another# in such case+ the stranger5s possession ta@e effect e en without ratification by the owner of the property or business O= PO66E66&O* T0RO%40 .! /!
CIVIL LAW REVIEWER

acts merely tolerated+ which do not refer to all @inds of tolerance on the part of the owner or possessor in iew of the use of the word DmerelyE# acts e$ecuted clandestinely and without the @nowledge of the possessor+ which mean that the acts are not public and un@nown to the possessor or owner
ART!G// A(P%&6&T&O* 6%((E66&O* -
ART! G/L PO66E66&O* A6 A =A(T AT T0E 6A3E T&3E &* T9O 8&==ERE*T PER6O*A'&T&E6 DpersonalitiesE as used in the pro ision is not synonymous to DpersonsE# possession as a fact may e$ist at the same time in two or more distinct personalities but+ as a general rule+ the law will recogni:e only one as the actual or real possessor# the e$ception is pro ided in cases of co - possession (art!BLB)
the rights to the succession are transmitted from the moment of the death of the decedent# the effects of the acceptance or repudiation retroact to the moment of the death of the decedent# if the inheritance is accepted+ the possession of the hereditary property is deemed transmitted by operation of law to the heir without interruption and from the moment of the decedent5s death 7 if the inheritance is alidly renounced+ the heir is deemed ne er to ha e possessed the same
preference of possession1 ,! .! /! B! the present or actual possessor shall be preferred# if there are two possessors+ the longer in possession# if the dates of possession are the same+ the possessor with a title# if all the abo e are e"ual+ the fact of possession shall be judicially determined+ and in the meantime +the thing shall be placed in judicial deposit !HAP&*, 2 *FF*!&S $F P$SS*SS $9 ART!G/J R&40T6 O= E>ERY PO66E66OR whether in the concept of the owner or holder+ the ff are his rights1 ,! right to be respected in his possession# .! right to be protected in or restored to said possession by legal means should he be disturbed therein# /! right to secure from a competent court in an action for forcible entry the proper writ to restore him in his possession ,! .! /! B! remedies of persons depri ed of possession forcible entry or unlawful detainer# accion publiciana# accion rein indicatoria# reple in or manual deli ery of personal property
ART!G/B E==E(T6 O= )A8 =A&T0 O= 8E(E8E*T O* 0E&R the heir shall not suffer the conse"uences of the wrongful possession of the latter because bad faith is personal to the decedent and is not transmitted to the heirs# the heir suffers the conse"uences of ssuch possession only from the moment he becomes aware of the flaws affecting the decedent5s title
ART!G/G A(P%&6&T&O* A*8 E2ER(&6E O= R&40T6 O= PO66E66&O* )Y 3&*OR6 A*8 &*(APA(&TATE8 PER6O*6 ,! .! /! possession by persons without capacity - refers to unemancipated minors and other persons who ha e no capacity to act as # possession of incorporeal things# ac"uisition of possession by material occupation - as a general rule+ ac"uisition of possession Dby the action of our willE and Dby the proper acts and legal formalitiesE is not applicable to incapacitated persons# e$ercise of rights of possession through legal representati es - once possession of a thing is ac"uired by such persons+ there is born the right of possession of their legal representati es
B!
ART! GBC PO66E66&O* A6 )A6&6 =OR A(P%&R&*4 O9*ER60&P ,! as holder - cannot be the basis of prescription nor possession ac"uired through force or intimidation+ merely tolerated+ or which is not public and un@nown to the present possessor# as e"uitable mortgage - where the contract entered into was judicially declared to be actually an e"uitable mortgage rather than a contract of sale of a parcel of land+ Dconstructi e possessionE o er the land cannot ripen into ownership as it cannot be said to ha e been ac"uired and enjoyed it the concept of owner# as claimant under a possessory information title# as claimant under a certificate of title - the rule is well settled that mere possession cannot defeat the title of a holder of a registered Torrens title to real property# but the true owner of the property may be defeated by an innocent purchaser for alue notwithstanding the fraud employed by the seller in securing title#
ART!G/< RE(O%R6E TO T0E (O%RT6 7 the abo e pro ision applies to one who belie es himself the owner of real property+ if he ta@es justice in his own hands+ he is a mere intruder and can be compelled to return the property in an action for forcible entry ART! G/H A(T6 90&(0 8O *OT 4&>E R&6E TO PO66E66&O* 7such acts do not affect possession# the true possessor is deemed to ha e enjoyed uninterrupted possession ,! force or intimidation+ as long as there is a possessor who objects thereto 7rule does not apply if possessor ma@es no objection+ withdraws his objection+ or ta@es no action whatsoe er after initially objecting to the depri ation# .!
/! B!
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G! <! as possessor of forest land - cannot ripen into pri ate ownership# as possessor of a different @ind of land - since the subject lot is a different @ind of land+ the possession no matter how long will not confer possessory rights o er the same Kta$ declarations+ assessments+ or payment of ta$ do not pro e ownership of the property nor are e en sufficient to sustain a claim for possession o er a land+ they are merely an indicu( of a claim of ownership ART! GB, PO66E66OR &* (O*(EPT O= O9*ER PRE6%3E8 9&T0 F%6T T&T'E 7the Djust titleE does not always mean a document or a written instrument# 7the possessor may pro e his title by witness# 7actual or constructi e possession under claim of ownership raises the disputable presumption of ownership Kburden of pro ing just title ,! the onus probandi is on the plaintiff who see@s the reco ery of property# .! a person who is not+ in fact+ in possession cannot ac"uire a prescripti e right to a land by the mere assertion of a right therein Kdifferent @inds of title ,! the just title presumed by the pro ision is title which by itself is sufficient to transfer ownership without need of possessing the property for the period necessary for ac"uiring title by prescription# 7the presumption of just title does not apply in ac"uisiti e prescription# .! for purposes of prescription+ there is just title when the ad erse claimant came into possession of the property thru one of the modes recogni:ed by law for the ac"uisition of ownership or other real rights# a colorable title is one which a person has when he buys a thing in good faith+ from one who is not the owner but whom he belie es is the owner# it is to be distinguished from putati e title+ being one which a person belie es he has but in fact he has not because there was no mode of ac"uiring ownership .!
CIVIL LAW REVIEWER

both the benefits and the prejudices that might ha e ta@en place during the co -possession shall attach to each of the co -participants# prescription obtained by a co - pocessor or co -owner shall benefit the others# interruption in the possession of the whole or part of a thing shall be to the prejudice of all possessors# possession is interrupted for purposes of prescription either naturally (when through any cause it should cease for more than one year) or ci illy (when the interruption is produced by judicial summons to the possessor# in ci il interruption+ inly those possessors ser ed with judicial summons are affected)
note1 according to the abo e pro ision+ interruption must refer to the whole thing itself or part of it and not to a part or right of a co possessor# 7in a co - possession+ there is only one thing and many possessors+ if the right of a co -possessor is contested+ he alone shall be prejudiced# with respect to the thing + the prejudice shall be against all# 7the reason behind this is that the thing being undi ided+ it would be unjust to ma@e the injury to fall on only one co7possessor although only the possession of a part of the thing may ha e been interrupted ART! GBB R&40T O= PO66E66OR &* 4OO8 =A&T0 TO =R%&T6 RE(E&>E8 the fruits of a thing generally belong to the owner but a possessor in good faith is entitled to the fruits recei ed until good faith ceases and bad faith begins
note1 the right of the possessor in good faith is limited to the fruits+ referring to natural+ industrial+ and ci il fruits# other things belong to the owner of the land# but the possessor in good faith is liable for reasonable rents being ci il fruits+ from the time of the interruption of good faith when fruits considered recei ed ,! in the case of natural and ci il fruits - considered recei ed from the time they are gathered or se ered# - fruits gathered before legal interruption belong to the possessor in good faith# - if the fruits are still ungathered or unhar ested+ art! GBG applies in case of ci il fruits - their accrual+ *OT their actual receipt+ shall determine when they are considered recei ed at the time that good faith is legally interrupted# - they are deemed to accrue daily and belong to the possessor in good faith in that proportion
/!
B!
ART!GB. PO66E66&O* O= REA' PROPERTY PRE6%3E8 TO &*('%8E 3O>A)'E6 7the pro ision refers to material possession only of things# rights are not co ered# 7the possession may be in the concept of owner or holder+ in one5s own name or in another5s+ or in good faith or bad# ART! GB/ E2('%6&>E PO66E66&O* O= PRE>&O%6 (O -O9*ER 8EE3E8 (O*T&*%O%6 7the pro ision spea@s of co -possession of a thing+ not of co -ownership# 7the effects of the di ision retroact to the commencement of the co - possession+ but the di ision shall be without prejudice to the rights of creditors interruption in possession of the thing
ART! GBG PROPORT&O*ATE 8&>&6&O* O= =R%&T6 A* E2PE*6E6 the article does not apply when the possessor is in bad faith+ the fruits are ci il+ or fruits are natural or industrial but they ha e been gathered or se ered when good faith ceases a possessor in bad faith has no right whatsoe er to the fruits gathered or pending e$cept necessary e$penses for gathered fruits# the article does not apply to ci il fruits which are produced daily# with respect to fruits already gathered at the time good faith ceases+ art! GBB applies
sharing of e$penses and charges1 if there are pending natural and industrial fruits at the time good faith ceases+ the two possessors shall share in the
'+
e$penses of culti ation and the charges in proportion to the time of possession# under art! GBG+ the e$penses are not shared in proportion to what each recei es from the har est# in certain cases+ unjust enrichment may result
CIVIL LAW REVIEWER

option of the owner ,! .! the owner or new possessor who reco ers possession has the option to either1 pay the possessor in good faith indemnity for his culti ation e$penses and charges and his share in the net har est or# to allow instead the possessor in good faith to finish the culti ation and gathering of the growing fruits in lieu of said indemnity
possessor+ or better ser e the purpose for which it was intended# 4OO8 =A&T01 if the possessor is in good faith+ he has also the right of reimbursement and retention+ as with regard to necesary e$penses+ or he may remo e them pro ided such can be done without damage to the principal thing# the rights of the possessor in good faith are subject to the superior right of a pre ailing party to e$ercise his option either to pay the amount of the e$penses or the increase in the alue of the thing )A8 =A&T01 if the possessor is in bad faith+ he has no right whatsoe er+ neither refund nor retention nor remo al+ regarding useful e$penses# %seful e$penses incurred during the period of retetion by a possessor in good faith are to be considered in bad faith#
refusal of the possessor in good faith for any reason whatsoe er to accept the concession forfeits his right to be indemnified in any manner
ART! GBH RE3O>A' O= %6E=%' &3PRO>E3E*T6 ,! possessor in good faith - right of remo al is subject to . conditions1 - the remo al can be done without damage or injury to the principal thing# - the pre ailing party does not choose to @eep the impro ements by refunding the e$penses incurred or paying the increase in alue which the thing may ha e ac"uired by reason thereof if the two conditions are present+ the pre ailing party cannot refuse the possessor5s right to remo e but he cannot compel him to remo e# the right is purely potestati e# if the first condition is not present and the pre ailing party does nor choose to reimburse the possessor in good faith+ the latter has no right to remo e possessor in bad faith - he cannot remo e the useful impro ement e en if remo al is possible without injury to the principal thing# the rule is different with respect to impro ements for pure lu$ury or mere pleasure (art!GBJ) the useful impro ements must ha e been attached to the principal thing in a more or less permanent way that their remo al would necessarily cause some damage or injury to the thing# the damage must be substantial or one that will cause diminution in the alue of the property
where there are no fruits or fruits less than e$penses the rule in art! GBG that the e$penses shall be borne in proportion to the period of possession cannot apply# if the fruits are merly insufficient+ the same should be di ided in proportion to their respecti e e$penses# if there are no fruits+ each should bear his own e$penses subject to the rights of the possessor in good faith to be refunded for necessary e$penses under art!GB<+ unless the owner or new possessor e$ercises his option as mentioned abo e
ART! GB< 4E*ERA' R%'E6 A6 TO E2PE*6E6 ,! .! possessor in good faith entitled to many rights# possessor in bad faith generally without rights#
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*E(E66ARY E2PE*6E6 are those incurred for the preser ation of the thing# see@s to pre ent the waste+ deterioration or loss of the thing# 4OO8 =A&T01 if possessor is in good faith+ he shall be entitled to be refunded# he may retain the thing until he is reimbursed therefor# during period of retention he cannot be obliged to pay rent or damages for refusing to acate premises forhe is merely e$ercising hs right of retention which has the character of a real right registrable as an encumberance on the certificate of title# )A8 =A&T01 if the possessor is in bad faith+ he is entitled only to a refund without right of retention
note1 injuries which only need ordinary repairs are not co ered and the possessor may remo e the impro ements# the repairs are at the e$pense of the possessor since it is he who is benefitted by the remo al ART! GBL E2PE*6E6 =OR P%RE '%2%RY OR 3ERE P'EA6%RE are e$penses not necessary for the preser ation of a thing nor do they increase its producti ity although they add alue to the thing+ but are incurred merely to embellish the thing and for con enience or enjoyment of particular possessors
a possessor whether in good faith or bad faith+ is not granted the right of remo al with respect to necessary e$penses as they affect the e$istence or substance of the property itself
%6E=%' E2PE*6E6 are e$penses which add alue to a thing+ or augment its income+ or introduce impro ements thereon or increase its usefulness to the
,! 4OO8 =A&T0 - if the possessor is in good faith+ he is not entitled to refund but may remo e the ornaments on . conditions1 7the principal thing suffers no damage or injury thereby# 7the successor in possession does not prefer to refund the amount e$pended /! )A8 =A&T0 - the possessor in bad faith has the same rights abo e but the owner or lawful possessor is liable only for the alue of the ornaments+ in case he prefers to retain them+ at the time he enters into possession
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note1 neither the possessor in good faith nor the possessor in bad faith is entitled to reimbursement for lu$urious e$penses unless the pre ailing party decides to @eep the impro ements ART! GBJ R&40T6 A*8 '&A)&'&T&E6 O= PO66E66OR &* )A8 =A&T0 ,! a! b! c! .! /! B! G! <! =R%&T61 he is entitled to the fruits# he must reimburse the alue of fruits recei ed subject to art! BB/# he has no right whatsoe er with respect to pending fruits (art! BBJ)# he must reimburse the alue of fruits which the legitiamate possessor could ha e recei ed subject to art! BB/# *E(E66ARY E2PE*6E61 he is only entitled to reimbursement without right of retention5 %6E=%' E2PE*6E61 he is entitled to refund and forfeits the impro ements# no right of remo al# '%2%R&O%6 E2PE*6E61 he is not entitled to refund# he loses the impro ements but he is granted the limited right of remo al# (0AR4E61 he shall share them with the owner or lawful possessor in proportion to the time of their possession# 8ETER&ORAT&O* OR 'O661 he is always liable+ whether due to his fault or negligence+ or due to a fortuitous e ent -
CIVIL LAW REVIEWER

ha ing ceased to e$ist+ the owner or lawful possessor who came too late cannot benefit from them# but he is liable for necessary e$penses e en if the thing for which they were incurred no longer e$ists# necesary e$penses are not considered impro ements
ART!GGB PRE6%3PT&O* O= PO66E66&O* 8%R&*4 &*TER>E*&*4 PER&O8 the pro ision contemplates a situation where a present possessor is able to pro e his possession of a property at a prior period but not his possession during the inter ening period# he is presumed to ha e the property continuously without interruption+ unless the contrary is pro ed
ART!GGG 3O8E6 O= 'O6&*4 PO66E66&O* the pro ision applies both to real and personal property e$cept no! B which ob iously refers to real property
ART!GGC (O6T6 O= '&T&4AT&O* O>ER PROPERTY shall be borne by the possessor of the propery because they redound to his benefit+ the court action being necessary to maintain his possession# De ery possessorE refers really to any possessor# it does not include the pre ailing party who succeeds in the possession
ART!GG, &3PRO>E3E*T6 (A%6E )Y *AT%RE OR T&3E the pro ision co ers all the natural accessions which must follow the ownership of the principal thing+ and generally+ all impro ements that are not due to the will of the possessor
by abandonment - the oulutary renunciation of all rights which a person has o er a thing thereby allowing a third person to ac"uire ownership or possession thereof by means of occupancy# - abandoner may be the owner or a mere possessor+ but the latter ob iously cannot abandon ownership which belongs to another# - since abandonment in ol es the renunciation of property right+ the abandoner must ha e a right to the thing possessed and the legal capacity to renounce it# - there must be an intention to abandon ( spes recuperandi is gone and the ani(us re0ertendi is finally gi en up# - by oluntary abandonment+ thing becomes without an owner or possessor and is con erted into res nullius and may thus be ac"uired by a third person by occupation# - abandonment which con erts the thing into res nullius+ ownership of which may be ac"uired by occupation can hardly apply to land+ as to which said mode of ac"uisition is not a ailable
ART!GG. '&A)&'&TY =OR 'O66 OR 8ETER&ORAT&O* ,! possessor in 4OO8 =A&T01 a! before receipt of judicial summons+ a possessor in good faith is presumed to continue in the same character# - he is not liable to the owner for damages caused to the property e en if due to his fault or negligence# b! after receipt of judicial summons+ his good faith is con erted into bad faith possessor in )A8 =A&T01 7he is liable whether or not the loss or deterioration occurred before or after receipt of judicial summons and whether or not due to a fortuitous e ent
by assignment - is understood to mean the complete transmission of the thing or right to another by any lawful manner# - it may either be onerous or gratuitous# - the effect is that he who was the owner or possessor is no longer so by destruction+ total loss+ or withdrawal from commerce a thing is lost when it perishes+ or goes out of commerce+ or disappears in such a way tht its e$istence is un@nown+ or cannot be reco ered
by possession of another for more than one year - this refers to possession de facto and not de jure by reco ery by lawful owner or possessor reco ered in an rein indicatory action or in an action to reco er the better right of possession
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ART! GG< 'O66 O= PO66E66&O* O= 3O>A)'E6 ,! .! the possession of mo ables shall be deemed lost when they cease to be under the control of the possessor# possession is not lost by the mere fact that the possessor does not @now for the time being the precise whereabout of a specific mo able when he has not gi en up all hope of finding it
ART!GG/ &3PRO>E3E*T6 90&(0 0A>E (EA6E8 TO E2&6T
'ART! GGH 'O66 O= PO66E66&O* O= &33O>A)'E6 A*8 REA' R&40T6 9&T0 RE6PE(T TO T0&R8 PER6O*6 third persons are not prejudiced e$cept in accordance with the pro isionss of the mortgage law and registration law
CIVIL LAW REVIEWER

where the sale is sanctioned by statutory or judicial authority
ART! G<C PO66E66&O* O= A*&3A'6 Kanimals may be1 - wild# - domesticated# - domestic or tame ART! G<, 'A9=%' RE(O>ERY O= PO66E66&O* %*F%6T'Y 'O6T the article applies both to possession in good faith as well as to possession in bad faith+ but only if beneficial to the possessor# the reco ery of possession must be according to law+ that is +through legal means or by re"uesting the aid of competent authorities# otherwise+ the benefit of continuous and uninterrupted possession during the inter ening period cannot be in o@ed & &"* 8 <S<F,<!& !HAP&*, . <S<F,<!& 9 G*9*,A" ART! G<. %6%=R%(T 8E=&*E8 a real right + of a temporary nature+ which authori:es its holder to enjoy all the benefits which result from the normal enjoyment of another5s property+ with the obligation to return+ at the designated time+ either the same thing+ or+ in special cases+ its e"ui alent
ART! GGL PO66E66ORY A(T6 O= A 3ERE 0O'8ER 7the possessor referred in this pro ision is the same possessor mentioned in art! G.G# 7acts relating to possession of a mere holder do not bind or prejudice the possessor in the concept of owner unless said acts were pre iously authori:ed or subse"uently ratified by the latter# 7possession may be ac"uired for another by a stranger pro ided there be subse"uent ratification ART! GGJ R&40T O= PO66E66OR 90O A(P%&RE6 3O>A)'E ('A&3E8 )Y A*OT0ER if the ac"uisition was in good faith+ below are the rules1 ,! possession e"ui alent to a title
8O(TR&*E O= &RRE&*>&*8&(A)&'&TY pro ides that possession of a mo able is presumed ownership# it is e"ui alent to a title# no further proof is necessary the rule is necessary for the purposes of facilitating transactions on mo able property which are usually done without special formalities# the possessor5s title is howe er not absolute# it is e"ui alent to title but not title itself# it is merely presumpti e because it can be defeated by the true owner
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where owner or possessor has lost or has been unlawfully depri ed of a mo able right of ownership+ a real right# it is howe er necessary in order that the owner of a chattel may contest the apparent title of the possessor that he present ade"uate proof of the loss or illegal depri ation# the legitimate owner or possessor should a ail himself of the proper remedy of reple in under the Rules# non - payment of price by transferor only creates a right to demand payment or to rescind the contract+ or to criminal prosecution in the case of bouncing chec@s
,! .! /! B!
characteristics1 it is a real right# it is of temporary duration# it is transmissible# it may be constituted on real or personal property+ consummable or non - consummable+ tangible or intangible+ the ownership of which is ested on another
classification ,! as to whether or not impairment of object is allowed1 - normal# - abnormal .! as to origin1 - legal# oluntary# - mi$ed as to number of usufructuaries1 - simple# - multiple which may either be 1 7simultaneous# 7successi e as to terms ot conditions1 - pure# - with a term or period# - conditional as to "uality or @ind of object1 - of things# - of rights as to "uantity or e$tent of object - total# - partial as to e$tent of owner5s patrimony#
/!
/! B!
where the property was ac"uired at a public sale - the owner cannot reco er without reimbursing the price paid therefor# the rule is that no one can gi e what he has not# sale is a deri ati e mode of ac"uiring ownership and the endee gets only such rights the endor had#
B!
Kthe ff are some e$ceptions1 - where the owner of the mo able is+ by his conduct+ precluded from denying the seller5s authority to sell# - where the law enables the apparent owner to dispose of the mo able as if he were the true owner thereof#
G! <! H!
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uni ersal# particular -
CIVIL LAW REVIEWER

art! G</# arts! G<< - <,.
impairment of object of usufruct is allowed into1 ,! normal - that which in ol es non - consumable things which the usufructuary can enjoy without altering their form or substance+ though they may deteriorate or diminish by time or by the use to which they are applied# it is also @nown as perfect or regular ususfruct# .! abnormal - that which in ol es things which would be useless to the usufructuary unless they are consumed or e$pended
!HAP&*, C , GH&S $F &H* <S<F,<!&<A,Y ART!G<< R&40T6 O= T0E %6%=R%(T%ARY
K8&6T&*4%&60E8 =RO3 'EA6E classifications of the rights of the usufructuary ,! .! /! B! as to nature of right - usufruct is always a real right+ lease is generally a personal right# as to creator of right - in usufruct+ the person creating it should be the owner or his duly authori:ed agent+ while in lease+ the lessor may not be the owner# as to origin - usufruct may be created by law+ contract+ or will of the testator or by prescription+ while lease is generally created by contract# as to e$tent of enjoyment - usufruct co ers all the fruits and all the uses and benefits of the entire property+ while lease generally refers to certain uses only# as to cause - usufruct in ol es a more or less passi e owner who allows the usufructuary to enjoy the object gi en in usufruct+ while lease in ol es a more acti e owner or lessor who ma@es the lessee to enjoy# as to repairs and ta$es - the usufructuary pays for ordinary repairs and ta$es on the fruits+ while in lease+ the lessee is not generally under obligation to underta@e repairs or pay ta$es .. a! b! c! d! e! f! C. a! b! c! as to the thing and its fruits to recei e the fruits of the property in usufruct and half of the hidden treasure he accidentally finds in the property# to enjoy any increase which the thing in usufrucyt may ac"uire through accession# to personally enjoy the thing in usufruct or lease it to another# to ma@e on the property in usufruct such impro ements or e$penses he may deem proper and to remo e the impro ements pro ided no damage is caused to the property#5 to set - off the impro ements he may ha e made on the property against any damgae to the same# to retain the thing until he is reimbursed for ad ances for e$traordinary e$penses and ta$es on the capital# as to the usufruct itself to alienate the right of usufruct e$cept parental usufruct# in a usufruct to reco er property or a real right+ to bring the action and to oblige the owner thereof to gi e him proper authority and necessary proof# in a usufruct pf part of a common property+ to e$ercise all the rights pertaining to the co - owner with respect to the administration and collection of fruits or interests from the property# as to ad0ances and da(ages to be reimbursed for indespensable e$trsordinary repairs made by him in an amount e"ual to the increase in alue which the property may ha e ac"uired by reason of such repairs# to be reimbursed for ta$es on the capital ad anced by him# to be indemnified for damages caused to him by the na@ed owner#
G!
<!
ART! G</ (REAT&O* O= %6%=R%(T usufruct may be classified according to how it is created into1 ,! legal - created by law or declared by law# .! oluntary - created by the will of the parties# /! mi$ed - that ac"uired by prescription# it is mi$ed because both the law and the olition of the person(usufructuary) participate in its creation ART! G<B A&*86 O= %6%=R%(T 8E=&*E8 ,! as to e$tent of object1 - total - constituted on the whole of a thing# - partial - constituted only on a part of a thing# as to number of beneficiaries1 - simple - there is only one usufructuary# - multiple - there are se eral usufructuaries+ and the latter may be1 7simultaneously# 7successi e as to effecti ity or e$tinguishment1 - pure - no term or condition# - with a term# - conditional as to subject matter1 - o er things# - o er rights
2. a! b! c!
right of usufructuary to fruits a! he has the right to recei e all the fruits e$cept where the usufruct is constituted only on a part of the fruits of a thing or where there is an agreement to the contrary# the na@ed owner retains and can e$ercise all rights as owner o er the property limited only by the right of enjoyment of the usufructuary
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b!
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ART!G<H R&40T6 O= T0E %6%=R%(T%ARY TO PE*8&*4 *AT%RA' A*8 &*8%6TR&A' =R%&T6 7the pro ision does not apply to ci il fruits for they accrue daily ,! fruits growing at the beginning of usufruct belong to the usufructuary who is not bound to refund to the owner the e$penses of culti ation and production incurred #
B!
ART! G<G R%'E6 4O>ER*&*4 %6%=R%(T
'/
.! fruits growing at the termination of the usufruct belong to the owner but he is bound to reimburse the usufructuary the ordinary culti ation e$penses out of the fruits recei ed ,! .! ART! G<L in relation to ART! G<J 'EA6E )Y T0E %6%=R%(T%ARY the usufructuary may lease the property in usufruct to another# if the usufructuary should e$pire before the termination of the lease+ the usufractuary or his heirs and the successors are entitled only to the rents corresponding to the duration of the usufruct# the rents for the remaining period of the lease belong to the owner# /!
CIVIL LAW REVIEWER

here+ the thing gradually deteriorates through wear and tear+ that is+ by normal use
note1 the rights of third persons are protected
the usufructuary is not responsible for the deterioration due to wear and tear nor is he re"uired to ma@e any repairs to restore it to its former condition# the usufructuary is liable for damage suffered by the thing by reason of his fraud or negligence although such liability may be set - off against the impro ements he may ha e on the property# the usufructuary does not answer for deterioration due to fortuitous e ent# he is howe er obliged to ma@e the ordinary repairs needed by the thing
ART! GHB %6%=R%(T O* (O*6%3A)'E T0&*46 the pro ision spea@s of another instance of abnormal usufruct because the thing in usufruct cannot be used without being consumed# the usufructuary shall ha e the right to ma@e use of the consumable thing# at the termination of the usufruct+ he must1 ,! pay its appraised alue# .! if there was no appraisal made+ either1 7return the same "uantity and "uality or# 7pay its current price at such termination
ART!GHC %6%=R%(T (O*6T&T%E8 O* (ERTA&* R&40T6 because ci il fruits accrue daily+ they belong to the usufructuary in proportion to the time the usufruct lasts# payments and benefits accrue after the termination of the usufruct belong to the owner# the date when the benefits accrue determines whether they should belong to the usufructuary or the owner# the article applies whether or not the date of the distribution of benefits is fi$ed
ART! GHG in relation to ART! GH< %6%=R%(T O* =R%&T - )EAR&*4 TREE6 A*8 60R%)6 the usufructuary has no obligation to replace with new plants+ the dead trees or shrubs already e$isting at the beginning of the usufruct# under art! GH<+ if replacing the trun@s could not be Dtoo burdensome+E the usufructuary must replace them+ whether or not he ma@es use of them# the disposition of trun@s is his responsibility
ART! GH, E2TE*T O= T0E R&40T6 O= T0E %6%=R%(T%ARY the usufructuary is generally entitled to all the benefits that the thing in usufruct can gi e including any increase by accession and ser itudes established in its fa or# the reason is that usufruct co ers the entire jus fruendi and jus utendi
ART! GHH %6%=R%(T O* 9OO8'A*8 A*8 *%R6ER&E6 ,! the usufructuary may fell or cut trees as the owner was in the habit of doing or in accordance with the customs of the place as to manner+ amount and season# in any case he must not prejudice the preser ation of the land# in nurseries+ the usufructuary may ma@e the necessary thinnings in order that the remaining trees may properly grow
ART! GH. TRA*6A(T&O*6 )Y T0E %6%=R%(T%ARY .! Kthe usufructuary may primarily enjoy the thing in usufruct+ that is + to possess the thing+ use it+ and recei e its fruits but legal usufruct of the parent o er his or her unemancipated children cannot be alienated+ pledged or mortgaged for the right is personal and intransmissible burdened as it is by important obligations of the parent for the benefit of the children# a usufruct gi en in consideration of the person of the usufructuary to last during his lifetime is also personal and +therefore+ intransmissible
ART! GHL %6%=R%(T O= F%8&(&A' A(T&O* TO RE(O>ER the pro ision applies if the purpose of the action is to reco er real property or personal property# under the Rules of (ourt+ e ery action must be brought in the name of the real party in interest# hence+ the action may be instituted in the name of the usufructuary
Kas a rule+ all contracts entered into by the usufructuary shall terminate upon the e$piration of the usufruct or earlier+ e$cept rural leases which continue during the agricultural year ART! GH/ %6%=R%(T O* 8ETER&ORATE T0&*46 90&(0 4RA8%A''Y
ART! GHJ 90ERE %6E=%' OR '%2%R&O%6 &3PRO>E3E*T6 ARE 3A8E )Y T0E %6%=R%(T%ARY the usufructuary has the right to ma@e impro ements+ useful or lu$urious+ on the property held in usufruct as he may deem proper
,! .! /!
the pro ision gi es an instance of abnormal usufruct because in the enjoyment of the property the usufructuary cannot preser e its form or substance#
rules1 in the e$ercise of the right+ he must not alter the form or substance of the property# he may remo e the impro ements only if it is possible to do so without damage to the property# he has no right to be indemnified for the impro ements if he does not e$ercise his right to remo e#
'0
B! G! <! H! L! if the impro ements cannot be remo ed without damage+ he may se - off the same against any damage caused by him to the property# if the usufructuary does not wish to e$ercise his right of remo al+ the owner cannot compel him to remo e the impro ements# if the usufructuary wishes to e$ercise his right of remo al+ the owner cannot pre ent him by offering to reimburse him# the usufructuary5s right to remo e the impro ements includes the right to destroy them pro ided no damage is caused to the property# the right to remo e is enforceable only against the owner+ but not against a purchaser in good faith to whom clean title has been issued ,! a! b! .! a! b! c! d! e! f! g! h! i! the article presupposes that the impro ements ha e increased the alue of the property and the damage to the same was caused through the fault of the usufructuary# if the damage e$ceeds the alue of the impro ements+ the usufructuary is liable for the difference as indemnity# if the alue e$ceeds the damage+ he may remo e the portion of the impro ements representing the e$cess in alue if this can be done without injury to the property# otherwise the e$cess in alue accrues to the owner# j! @! /! a! b! c! ART! GL, R&40T6 A*8 O)'&4AT&O*6 O= T0E *AAE8 O9*ER ,! .! he may alienate the property in usufruct because the title remains ested in him# he cannot+ howe er+ alter the form and substance of the property or do anything thereon which may cause a diminution in the alue of the usufruct or be prejudicial to the rights of the usufructuary
CIVIL LAW REVIEWER

those before the usufruct begins1 to ma@e an in entory of the property# to gi e security those during the usufruct1 to ta@e care of the property# to replace with the young thereof animals that die or are lost in certain cases when the usufruct is constituted on the floc@ or herd of li estoc@# to ma@e ordinary repairs# to notify the owner of urgent e$traordinary# to permit wor@s and impro ements by the na@ed owner not prejudicial to the usufruct# to pay annual ta$es and charges on the fruits# to pay interest on ta$es and charges on the fruits# to pay debts when the usufruct is constituted on the whole of a patrimony# to secure na@ed owner5s or court5s appro al to collect credits in certain cases# to notify the owner of any prejudicial act committed by third persons# to pay for court e$penses and costs regarding usufruct those at the termination of the usufruct to return the thing in usufruct to the na@ed owner unless there is a right of retention# to pay legal interest for the time that the usufruct lasts+ on the amount spent by the owner for e$traordinary repairs and the proper interest on the sums paid as ta$es by the owner# to indemnify the na@ed owner for any losses due to his negligence or of his transferees
ART! GLC R&40T TO 6ET - O== &3PRO>E3E*T6
ART! GLB 90E* O)'&4AT&O* TO 3AAE 6E(%R&TY *OT APP'&(A)'E the pro ision contains the legal e$ceptions to the obligations of the usufructuary to gi e security in two cases# the e$ceptions are clearly justified# Dsecond marriageE includes any subse"uent marriage# the donor or the parents are not e$empted from the obligation of ma@ing an in entoryJ
ART! GL. %6%=R%(T O= PART O= (O33O* PROPERTY a co - owner of property has full ownership of his part and+ he may+ therefore+ alienate+ assign+ mortgage+ or gi e it in usufruct without the consent of the others e$cept when personal rights are in ol ed in case a co - owner gi es the usufruct of his share to a person+ the usufructuary shall e$ercise all the rights pertaining to the co -owner regarding the administration and the collection of the fruits or interest from the property# the usufructuary shall be bound by the partition made by the owners of the undi ided property although he too@ no part in the partition but the na@ed owner to whom the part held in usufruct has been allotted must respect the usufruct# the right of the usufructuary is not affected by the di ision but is limited to the fruits of said part allotted to the co - owner !HAP&*, 2 $%" GA& $9S $F &H* <S<F,<!&<A,Y ART! GL/ classifications of obligations of the usufrcutuary
ART! GLG 90E* T0E O)'&4AT&O* TO 3AAE A* &*>E*TORY OR TO 4&>E 6E(%R&TY E2(%6E8 ,! .! /! where the na@ed owner renounces or wai es his right to the in entory or security# where the title constituting the usufruct relie es the usufructuary from the obligation# where the usufructuary as@s that he be e$empted from the obligation and no one will be injured thereby
,!
.!
ART! GL< E==E(T6 O= =A&'%RE TO 4&>E 6E(%R&TY ,! on rights of owners1 entitles the na@ed owner for his protection to demand that immo ables be placed under the administration or recei ership+ mo ables sold+ credit instruments be con erted into registered certificates or deposited+ and cash and profits be in ested but the interest on the proceeds of sale of mo ables and credit instruments placed under administration shall belong to the usufructuary# the na@ed owner gets the proceeds of the sale of mo ables and credit instruments
/!
.!
on the rights of the usufructuary1
)(
CIVIL LAW REVIEWER

O)'&4AT&O* TO 3AAE OR8&*ARY REPA&R6 until he gi es proper security+ the usufructuary cannot enter upon the possession and enjoyment of the property# under art! GJJ+ he may not collect matured credits nor in est capital in usufruct without the consent of the owner or judicial authori:ation# the failure to gi e security+ howe er+ does not e$tinguish the right of usufruct+ hence+ the usufructuary may alienate his right to the usufruct ,! .! the usufructuary is bound to ma@e the repairs referred to without the necessity of demand from the owner# the usufructuary is not liable for deterioration resulting from wear nad tear not due to his fault or negligence unless the deterioration could ha e been pre ented or arrested by ordinary repairs and he failed to ma@e them without aluid reason
ART! GJ/ in relation to ART! GJB 8%TY O= O9*ER TO PAY =OR E2TRAOR8&*ARY REPA&R6 the law does not impose an obligation on the na@ed owner or the usufructuary to ma@e e$traordinary repairs on the property in usufruct# it is optional for them to ma@e such repairs or not
ART! GLH 69OR* %*8ERTAA&*4 &* '&E% O= 6E(%R&TY the pro ision applies when the usufructuary who is under obligation to gi e security cannot afford to do so and no one is willing to gi e security for them
Kthe ff are e$traordinary repairs1 ,! .! those re"uired by the wear and tear due to the natural use of the thing but not indespensable for its preser ation# those re"uired by the deterioration of or damage to the thing caused by e$ceptional circumstances but not indispensable for its preser ation# those re"uired by the deterioration of or damage to the thing caused by e$ceptional circumstances and are indispensable for its preser ation payment for e$traordinary repairs1 - the rules depend on the @ind of e$traordinary repairs in the same se"uence abo e the usufructuary+ li@e a possessor in giid faith+ has the right of retention e en after the termination of the usufruct until he is reimbursed for the increase in alue of the property caused by e$traordinary repairs for preser ation
humane considerations# the usufructuary must first as@ the na@ed owner to grant him the rights mentioned+ and should the latter refuse+ he may resort to the courts with respect to articles with artistic or sentimental alue+ the owner may demand their deli ery to him if he gi es security to the usufructuary for the payment of the legal interest on their appraised alue
/!
ART! GLL RETROA(T&>E E==E(T O= 4&>&*4 6E(%&RTY the artic@e applies where the usufructuary who is re"uired to gi e security gi es the security after the commencement of the usufruct# failure to gi e the needed security may depri e the usufructuary of the right to enjoy the possession of the property in usufruct# howe er+ once the security is gi en+ he is entitled to all the proceeds and benefits of the usufruct accruing from the day on which he should ha e commenced to recei e them
ART! GJG (O*6TR%(T&O*6+ &3PRO>E3E*T6+ A*8 P'A*T&*46 )Y O9*ER any increase in the alue of the usufruct due to the impro ements will inure to the benefit of the usufructuary for he is entitled to the use and fruits of the property# the owner has no right to demand legal interest on his e$penses because they were oluntarily incurred by him# the owner may e en alienate his property or ma@e changes thereon as long as he does not impair the right of the usufructuary
ART! GLJ O)'&4AT&O* TO TAAE (ARE O= T0E PROPERTY this is an obligation of the usufructuary during the usufruct# it includes the ma@ing of ordinary repairs needed by the thing gi en in usufruct# =A%'T OR *E4'&4E*(E O=
ART! GJC '&A)&'&TY =OR 6%)6T&T%TE
ART! GJ< in relation to ART! GJH '&A)&'&TY =OR (0AR4E6 A*8 TA2E6 ,! e$penses affecting fruits1 - usufructuary must pay the annual charges and ta$es which are imposed and+ therefore+ are a lien upon the fruits during the term of the usufruct# land ta$es# ta$es le ied on the capital1 - must be paid by na@ed owner but he has the right to demand from the usufructuary the proper interest on the sums paid
7the liability of the usufructuary is founded on his duty to preser e the form and substance on the thing in usufruct ART! GJ, %6%=R%(T O* A ='O(A A*8 0ER8 O= '&>E6TO(A ,! .! /! usufructuary has the duty to ma@e replacements although the death of the animals is due to natural causes# under par! . there is no duty to replace pro ided the usufructuary is without fault# if the animals are sterile+ nad +therefore+ they cannot be replaced by the young thereof+ the usufruct shall be treated as constituted on fungible things+ in such case art! GHB applies
.! /!
ART! GJL 90ERE %6%=R%(T (O>ER6 E*T&RE PATR&3O*Y the pro ision applies to a uni ersal usufruct or one which co ers the entire patrimony of the owner+a nd at the time of its constitution+ by donation or any other acts inter i os#
,! ART! GJ.
where there is a stipulation for the payment by the usufructuary of the debts of the owner+ the former is liable only for debts
)*
contracted by the latter before the constitution of the usufruct# in the absence of a stipulation+ the usufruct shall be responsible only when the usufruct was created in fraud of creditors which is always presumed when the owner did not reser e sufficient property to pay his debts prior to the creation of the usufruct
CIVIL LAW REVIEWER

a usufruct is not e$tinguished by bad use of the thing in usufruct
.!
ART! GJJ %6%=R%(T O* 3AT%RE8 (RE8&T6 ,! if the usufruct has gi en sufficient security+ he may claim matured credits forming part of the usufruct+ collect them+ and use and in est with or without interest the capital collected in any manner as he ma ydeem proper# if he has not gi en security+ or that gi en is not sufficient+ or he has been e$cused from gi ing security+ he may collect the credits and in est the capital which must be at interest+ with the consent of the na@ed owner or appro al of the court
ART! <CB E==E(T O= PART&A' 'O66 - to e$tinguish a usufruct+ the loss must be total+ e$cept as pro ided in articles <CH to <CJ# - if the loss is only partial+ the usufruct continues with the remaining part# - but the partial loss may be so important as to be considered a total loss# it is of the courts to determine the "uestion in case of disagreement ART! <CG %6%=R%(T &* =A>OR O= F%R&8&(A' OR *O*7 F%R&8&(A' E*T&T&E6 ,! .! fifty year limitation# limitation not applicable to trusts
.!
ART! <C< %6%=R%(T 9&T0 8%RAT&O* 8EPE*8E*T O* A4E O= A T0&R8 PER6O* Kthe e$ception to the abo e rule is when the usufruct has been e$pressly granted only in consideration of the e$istence of a third person ART! <CH 90ERE %6%=R%(T O* 'A*8 A*8 )%&'8&*4+ A*8 )%'&8&*4 8E6TROYE8 ,! .! /! usufruct o land and materials of building1 - destruction of the building terminates the usufruct on the building but not the usufruct on the land# right granted as a temporary measure1 - to @eep the usufruct ali e until the building is reconstructed or replaced# where insurance recei ed by the na@ed owner1 - payment of legal interest on insurance recei ed if it has not been used in the construction of another building during the while period of the usufruct but he may+ if he so desires+ relie e himself of this encumberance by turning o er the money to the usufructuary so that he may use it subject to the obligation to return the amount to the na@ed owner after his death as pro ided in art! <,. where usufruct on building only and it is destroyed same rule applies although the usufruct does not co er the land for the simple reason that the use of the building necessarily in ol es the use of the land
ART! <CC %6%=R%(T O= 3ORT4A4E8 &33O>A)'E6 under this pro ision+ the usufruct is particular+ constituted by will or by acts inter i os+ whether by onerous or gratuitous title# if the usufruct is uni ersal+ the liability of the usufructuary to pay for the mortgage is go erned by art! GJL# since the mortgage is on the property itself+ the debt must be paid by the owner# the usufructuary may mortgage his right of usufruct which is a real right
ART! <C, O)'&4AT&O* TO *OT&=Y O9*ER O= PREF%8&(&A' A(T6 )Y T0&R8 PER6O*6 the article spea@s of any act which may be prejudicial to the Drights of ownershipE+ not merely of the Dna@ed ownershioE
ART! <C. O)'&4AT&O* TO PAY =OR F%8&(&A' E2PE*6E6 A*8 (O6T since the e$penses+ costs and liabilities mentioned are incurred in connection with litigation o er the possession+ use and enjoyment of the thing in usufruct affecting the rights of the usufructuary+ it is just that they are borne by him# if the litigation in ol es only the na@ed ownership+ the owner should assume them !HAP&*, 3 *7& 9G< SH#*9& $F <S<F,<!& ART! <C/ 3O8E6 O= E2T&*4%&63E*T O= T0E %6%=R%(T ,! .! /! B! G! <! H! L! by death of the usufructuary# by the e$piration of period or fulfillment of condition# by merger# by renunciation# by the loss of the thing# by termination of right of owner# by prescription# other causes - such as emancipation of the child
ART! <CL PAY3E*T O= (O6T O= &*6%RA*(E ,! neither the owners nor the usufructuary is under the obligation to insure the property in usufruct# should they do so1 the usufructuary shares with the owner in insuring the property+ the usufructuary shall continue to enjoy the new building constructed+ or if the owner do not wish to rebuild+ the usufructuary shall recei e the legal interest on the insurance proceeds which go to the owner# the usufructuary refuses to contribute to the insurance+ and so the owner pays it alone+ the owner gets the full insurance indemnity in case of loss+ the right of the usufructuary being limited to the legal interest on the alue of the land and the materials
.!
)'
the article is silent where the usufructuary alone pays the insurance or+ where both share in the payment thereof+ as to the proportion of their contribution to the insurance ,! .! ART! <CJ in relation to ART! <,C E2PROPR&AT&O* O= T0E T0&*4 &* %6%=R%(T does not e$tinguish the usufruct# the articl allows the substitution of the thing by an e"ui alent thing# if the thing e$propriated is for public use+ the na@ed owner is gi en the option to replace it with another thing of the same alue and of similar conditions# or to pay the usufructuary the legal interest on the amount of indemnity for the whole period of the usufruct# in the latter case+ the owner shall gi e security for the payment of the interest /!
CIVIL LAW REVIEWER

easement and ser itude distinguished easement is an english term while ser itude which is deri ed from Roman 'aw+ is the name used in cu il law countries# se itude is the broader term+ it may be real or personal while easement is always real# it is said that easement refers to the right enjoyed by one and ser itude+ the burden imposed upon another#
Kcharacteristics of easement ,! .! /! B! G! <! H! L! it is a real right but will affect third persons only when duly registered# it is enjoyed o er another immo able+ ne er on one5s own property# it in ol es two neighboring estates+ the dominant to which a right belongs and the ser ient upon which the obligation arises# it is inseparable from the estate to which it is attached and+ therefore+ cannot be alienated independently of the estate# it is indi isible for it is not affected by the di ision of the estate between two or more persons# it is a right limited by the needs of the dominant owner or estate+ without possession# it cannot consist in the doing of an act unless the act is accessory in relation to a real easement# it is a limitation on the ser ient owner5s rights of ownership for the benefit of the dominant owner# and therefore+ it is not presumed
if bad use causes considerable injury to the owner+ not to the thing itself+ the owner is gi en the right pro ided in art! <,C
ART! <,, %6%=R%(T &* =A>OR O= 6E>ERA' PER6O*6 usufruct is not e$tinguished until the death of the last sur i or# as the usufruct continues+ the rights of any usufructuary who dies shall accrue to the sur i ing usufructuaries
Keasement established only on immo able - what the law treats of are not all immo ables as defined by the (i il (ode but only those which are so by their nature (are really capable of being mo ed) Knature of benefit to dominant estate - there can be no easement without a burden on an estate for the benefit of another immo able belonging to a different owner or of a person or a group of persons ,! distinguished from lease easement is a real right+ while lease is a real right only when registered# easement is imposed only on real property while lease may in ol e either personal or real property# in easement+ there is a limited right to the use of real property of another but without the right of possession+ while in lease+ there is a limited right to both the possession and use of another5s property distinguished from usufruct easement is imposed only on real property+ while usufruct may in ol e either real or personal property# easement is limited to a particular or specific use of the ser ient estate+ while usufruct includes all the uses and the fruits of the property# easement is a non - possessory right o er an immo able+ while usufruct in ol es a right of possession in an immo able or mo able# easement is not e$tinguished by the death of the dominant owner+ while usufruct is+ as a rule+ e$tinguished by the death of the usufructuary
e$ception1 when the title constituting the usufruct pro ides otherwise as where the usufruct is constituted in a last will and testament and the testator ma@es a contrary pro ision the article applies whether the usufuct is constituted simultaneously or successi ely
ART! <,. O)'&4AT&O* O= %6%=R%(T%ARY TO RET%R* T0E T0&*4 %PO* TER3&*AT&O* O= %6%=R%(T
.! /!
& &"* 8 *AS*#*9&S A9> S*,8 &<>*S !HAP&*, . *AS*#*9&S 9 G*9*,A" S*!& $9 + > FF*,*9& H 9>S $F *AS*#*9&S ART! <,/ EA6E3E*T OR 6ER>&T%8E 8E=&*E8 easement has been defined as a real right constituted on anotherM5 property+ corporeal and immo able+ by irtue of which the owner of the same has to abstain from doing or to allow somebody else to do something on his property for the benefit of another thing or person# it may also be defined as an encumberance imposed upon an immo able for the benefit of another immo able belonging to a different owner or for the benefit of a community or one or more persons to whom the encumbered estate does not belong by irtue of which the owner is obliged to abstain from doing or to permit a certain thing to be done on his estate ,! .! /! B!
note1 both are real rights+ whether registered or not+ and are transmissible ART6! <,B 7 <,J ('A66&=&(AT&O*6 O= EA6E3E*T6 ,! a! as to recipient of benefit1 real - art! <,/
))
b! .! a! b! c! /! a! b! B! a! b! G! a! b! personal - art! <,B as to its source1 oluntary# 7 art! <,J legal# 7 arts! </H 7 <LH mi$ed as to its e$ercise1 continuous# 7 art! <,G discontinuous - art! <,G as to whether or not its e$istence is indicated1 apparent# 7 art! <,G non - apparent - art! <,G as to duty of ser ient owner positi e# 7 art! <,< negati e - art! <,< S*!& $9 C + #$>*S $F A!G< , 9G *AS*#*9&S ART! <.C 3O8E6 O= A(P%&R&*4 EA6E3E*T6 ,! a! b! c! .! /! B! G! by title - all easements1 continuous and apparent easements - art! <.C# continuous and non - apparent easements - art! <..# discontinuous easements - art! <..# by prescription of ten years - art! <.C# by deed of recognition - art! <./# by final judgment - art! <./# by apparent sign established by the owner of two agjoining estates - art! <.B ac"uisition by title or prescription only continuous and apparent easements may be ac"uired either by irtue of a title or by prescription in ten years# other @inds of easements may be ac"uired by any one of the modes enumerated but not by prescription# DtitleE refers to the juridical act which gi es birth to the easement# art! <.C fi$es the ten year period regardless of the good faith or bad faith of the possessor and whether he has just title# the general rules on prescription do not apply# the only re"uirement being that there be ad erse possession of the easement for ten years
CIVIL LAW REVIEWER

which fulfills . important re"uisites re"uired by law for prescription1 that the possession be public and continuous# the easements under art! <.. may be ac"uired by title but not by prescription because their possession or e$ercise is either not public or it is public but not continuous or uninterrupted
K ac"uisition of easement of right of way by prescription1 7 the easement cannot be ac"uired by prescription+ but if the greater right of ownership of the property can be ac"uired by prescription+ there seems to be no reason why the right of way which is a mere encumberance on the property cannot be similarly ac"uired# ART! <./ 8EE8 O= RE(O4*&T&O* OR =&*A' F%843E*T the article applies to the easements mentioned in art! <..# it presupposes that there is a title for the easement# the easement may ha e been ac"uired by oral contract+ or by irtue of some document that has been lost# in either case+ easement e$ists# the owner of the ser ient estate may oluntarily e$ecute the deed referred to in art! <./ ac@nowledging the e$istence of the easement+ the court+ in an action for the purpose and upon sufficient proof+ may+ in its judgment+ declare its e$istence
ART! <.B A'&E*AT&O* )Y T0E 6A3E O9*ER O= T9O E6TATE6 9&T0 6&4* O= E2&6TE*(E O= 6ER>&T%8E the pro ision contemplates a situation where two estates between which there e$ists an apparent sign of an easement+ belong to the same owner# what the law re"uires is that the sign indicates the e$istence of a ser itude although there is no true ser itude there being only one owner# the article applies in case of a di ision of a common property by the co - owners as the effect is the same as an alienation+ or there is only one estate and a part thereof is alienated# the article is not applicable in case the two estates or portions of the same estate remain or continue to be in the same owner after alienation or partition
ART! <.G R&40T6 4RA*TE8 )Y EA6E3E*T e en without the abo e article+ there can hardly be any dpubt that all easements are necessarily in ested with all the necessary rights for their use# otherwise+ the easement itself would be in name only
ART! <., (O3P%TAT&O* O= T0E PRE6(R&PT&>E PER&O8 ,! if the easement is positi e+ the period is counted from the day on which the owner of the dominant estate began to e$ercise it# - if it is negati e+ from the day on which a notarial prohibition was made on the ser ient estate#
ART! <.< &33O>A)'E TO )E )E*E=&TE8 )Y EA6E3E*T+ A*8 3A**ER O= &T6 E2ER(&6E where the purpose of the easement or the manner of its e$ercise is defined by the title creating it+ the e$ercise of the easement must be consistent with such purpose or manner
ART! <.. A(P%&6&T&O* O*'Y )Y T&T'E continuous and apparent easements are the only easements tnat can be ac"uired by prescription because they are the only ones the possession of
)+
S*!& $9 2 + , GH&S A9> $%" GA& $9S $F &H* $;9*,S $F &H* >$# 9A9& A9> S*,8 *9& *S&A&*S ART! <.H R&40T6 O= T0E 8O3&*A*T O9*ER1 ,! to e$ercise all the rights necessary for the use of the easement# .! to ma@e on the ser ient estate all the wor@s necessary for the use an preser ation of the ser itude# /! to renounce the easement if he desires to e$empt himself from contribution to necessary e$penses# B! to as@ for mandatory injunction to pre ent impairment of his use of the easement O)'&4AT&O*6 O= T0E 8O3&*A*T O9*ER ,! he cannot alter the easement or render it more burdensome# .! he shall notify the ser ient owner of wor@s necessary for the use and preser ation of the ser itude# /! he must choose the most con enient time and manner in ma@ing the necesary wor@s as to cause the least incon enience to the ser ient owner# B! he must contribute to the necessary e$penses if there are se eral dominant estates in proportion to the benefits deri ed from the wor@s R&40T6 O= T0E 6ER>&E*T O9*ER ,! to retain the ownership of the portion of the estate on which the easement is established# .! to ma@e use of the easement+ unless there is an agreement to the contrary# /! to change the place or manner of the use of the easement pro ided it be e"ually con enient O)'&4AT&O*6 O= T0E 6ER>&E*T O9*ER ,! he cannot impair the use of the easement# .! he must contribute to the necessary e$penses in case he uses the easement+ unless there is an agreement to the contrary R&40T O= 8O3&*A*T O9*ER TO 3AAE *E(E66ARY 9ORA6 Kthe rights granted by art! <.H is subject to the following conditions1 ,! the wor@s which shall be at his e$pense+ are necessary for the use and preser ation of the ser itude# .! they do not alter or render the ser itude more burdebsome# /! the dominant owner+ before ma@ing the wor@s+ must notify the ser ient owner# B! they shall be done at the most con enient time and manner so as to cause the least incon enience to the ser ient owner ART! <.L O)'&4AT&O* TO (O*TR&)%TE TO E2PE*6E6 O= *E(E66ARY 9ORA6 dominant owner alone shall shoulder the e$penses referred to in art! <.H if the easement is in fa or of se eral dominant estates+ all the owners shall share the e$penses in proportion to their respecti e interests# the benefits shall be presumed e"ual in the absence of any agreement or proof to the contrary# an owner may e$empt himself from contributing to the e$penses by renouncing the easement in fa or of the others# the ser ient owner shall also be obliged to contribute to the e$penses e$cept when there is a stipulation to
CIVIL LAW REVIEWER

the contrary+ should he ma@e use of the easement in any manner whatsoe er# if he bound himself to bear the cost of the wor@+ he may free himself from the obligation by renouncing his property to the dominant owner O= 6ER>&E*T O9*ER *OT TO &3PA&R
ART! <.J O)'&4AT&O* 6ER>&T%8E -
the ser ient owner must abstain from constructing wor@s or performing any act which will impair+ in any manner whatsoe er+ the use of the ser itude
R&40T O= 6ER>&E*T O9*ER TO (0A*4E P'A(E OR 3A**ER O= EA6E3E*T ,! .! /! re"uisites1 the place and manner has become ery incon enient to him from ma@ing important wor@s thereon# he offers another place or manner e"ually con enient# no injury is caused by the change to the dominant owner or to whoe er may ha e a right to use the easement
ART! </C R&40T O= 6ER>&E*T O9*ER TO %6E EA6E3E*T ser ient owner preser es his dominion o er the portion of his estate on which the easement is established# he may use the easement subject to the condition that he does not impair the rights of the dominant owner
S*!& $9 3 + *7& 9G< SH#*9& $F *AS*#*9&S ART! </, 3O8E6 O= E2T&*4%&603E*T O= EA6E3E*T6 ,! .! /! B! G! <! by merger# by non - user for ten years# impossibility of use# by renunciation# by redemption# other causes
ART! </. PRE6(R&PT&O* O= =OR3 OR 3A**ER O= %6&*4 EA6E3E*T the form or manner of using the easement is different from the easement itself or the right to e$ercise it# both may be lost by prescription# the mode of the ser itude is accidental# hence+ it does not affect the ser itude itself while the ser itude is used in one form or another
ART! <// 90ERE 8O3&*A*T E6TATE O9*E8 &* (O33O* since easements are indi isble+ the use of the co - owner inures to the benefit of all the co - owners and pre ents prescription as to the shares of the latter# the use by a co - owner is deemed to be use by each and all the co - owners !HAP&*, C "*GA" *AS#*9&S ART! </B 'E4A' EA6E3E*T 8E=&*E8 7they are easements imposed by law and which ha e for their object either public use or the interest of pri ate persons @inds of legal easements
),
,! .! public legal easements# pri ate legal easements# which include those relating to1 - waters# - right of way - party wall - light and iew - drainage
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ART! </J A)%T3E*T O= )%TTRE66 O= A 8A3 person must first see@ the permission of the owner# in case of his refusal+ authority must first be secured from the proper administrati e agency# where the construction of a dam is authori:ed+ the same can be considered a pri ate nuisance and may be lawfully destroyed or remo ed by the injured landowner
ART! </G in relation to ART! </< 4O>ER*&*4 'A96 ,! public legal easements1 - primarily by special laws# - regulations relating thereto# - (i il (ode - arts! <,/ - <J/ pri ate legal easements1 - primarily by the agreement of the interested parties pro ided it is not prohibited by law or injurious to a third person# - in the absence of an agreement+ by the pro isions of general or local laws and ordinances for the general welfare# - in default thereof+ by arts! <,/ - <J/ of the (i il (ode the pro isions of the particular law itself imposing the easement determine whether the legal easement is public or pri ate S*!& $9 C + *AS*#*9&S ,*"A& 9G &$ ;A&*,S ART! </H 'E4A' EA6E3E*T6 RE'AT&*4 TO 9ATER6 ,! .! /! B! G! <! H! ,! natural drainage# drainage of buildings# easement on riparian ban@s for na igation# easement of a dam# easement for drawing waters or for watering animals# easement of a"ueduct# easement for the construction of a stop cloc@ or sluice gate natural drainage of lands duty of ser ient owner .! cannot construct wor@s+ which will impede the easement# the dominant owner may demand their remo al or destruction and reco er damages
ART! <BC 8RA9&*4 O= 9ATER OR 9ATER&*4 A*&3A'6 this includes the accessory easement of passage or right of way of persons and animals to the place where the easement is to be used#
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Kre"uisites1 7 imposed for reasons of public use# 7in fa or of a town or illage# payment of proper indemnity ART! <B. EA6E3E*T O= AP%E8%(T 8E=&*E8 this is the right arising from a forced easement by irtue of which the owner of an estate who desires to a ail himself of water for the use of said estate may ma@e such waters pass thru the intermediate estate with the obligation of indemnifying the owner of the same and also the owner of the estate to which the water may filter or flow
Kre"uisites1 - proof that he has the capacity to dispose of the water# - proof that the water is sufficient for the use intended# - show that the proposed right of way is the most con enient and the least onerous to third persons# - pay indemnity to the owner of the ser ient estate ART! <BG R&40T6 O= O9*ER O= 6ER>&E*T E6TATE - the ser ient estate may close or fence his estate+ or build o er the a"ueduct so long as no damage is caused to the a"ueduct or the necessary repairs and cleanings of the same are not rendered impossible# - he can also construct wor@s he may deem necessary to pre ent damage to himself pro ided he does not impede or impair the use of the easement# otherwise he shall be liable for damages ART! <B< EA6E3E*T (O*6&8ERE8 A6 (O*T&*%O%6 A*8 APPARE*T the easement of a"ueduct is generally non - apparent because it is found underground# discontinuous because it is used only at times+ and during the dry season+ the use may be ery seldom due to the insufficient flow of water# for legal purposes+ the easement is considered apparent and continuous and therefore susceptible of ac"uisiti e prescription
duty of dominant owner cannot ma@e wor@s which will increases the burden# but he is not prohibited from culti atibg his land or constructing wor@s to regulate the descent of the waters to pre ent erosion to his land and as long as he does not impede the natural flow of the waters and increase the burden of the lower estate# he is not liable for damages
ART! </L P%)'&( EA6E3E*T6 O* )A*A6 O= R&>ER if the land is of public ownership+ there is no indemnity# if it is of pri ate ownership+ the proper indemnity shall first be paid before it is occupied# the article does not apply to canals
ART! <BH (O*6TR%(T&O* O= A 6TOP 'O(A OR 6'%&(E 4ATE the purpose of the construction is to ta@e water for irrigation+ or to impro e the estate# the construction is on the estate of another and proper indemnity has to be paid# no damages must be caused to a third person
)ART! <BL 'A96 4O>ER*&*4 6ER>&T%8E O= 9ATER6 go erned by arts! </H - <BH of the (i il (ode# special laws relating thereto# 9ater (ode of the Philippines# in case of conflict the (i il (ode pre ails
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he may demand a right of way but he shall be obliged to pay indemnity unless the purchaser agreed to grant right without indemnity
ART! <GB RE6PO*6&)%'&TY =OR REPA&R6 A*8 TA2E6 the article applies if the right of way is permanent# ser ient owner retains the ownership of the passage way+ hence he shall pay ta$es# the dominant owner is liable for the necessary repairs and the proportionate share of the ta$es paid by the ser ient owner+ that is + the amount of the ta$es corresponding to the proportion on which the easement is established
S*!& $9 2 + *AS*#*9& $F , GH& $F ;AY ART! <BJ EA6E3E*T O= R&40T O= 9AY 8E=&*E8 it is the right granted to the owner of an estate which is surrounded by other estates belonging to other persons and without an ade"uate outlet to public highway to demand that he be allowed a passage way throughout such neighboring estates after payment of proper indemnity
ART! <GG E2T&*4%&603E*T O= (O3P%'6ARY EA6E3E*T O= R&40T O= 9AY the article pro ides for two causes of e$tinguishment1 the joining of the isolated estate to another abutting a public road and opening of a new road which gi es access to the estate# the e$tinguishment is not automatic for the law says that the ser ient owner may demand that the easement be e$tinguished if he so desires# the amount to be returned consists of the alue of the land occupied and the damage caused to the ser ient estate+ where the ser itude is a permanent passage
K re"uisites1 - claimant must be an owner of enclosed immo able or are with real right# - there must be no ade"uate outlet to a public highway# - the right of way must be absolutely necessary# - the isolation must not be due to theclaimant5s own act# - the easement must be established at the point least prejudicial to the ser ient estate# - payment of proper indemnity ,! .! @inds of easement of right of way pri ate - in fa or of a pri ate person# public - in fa or of the community or public at large
ART! <G< TE3PORARY EA6E3E*T O= R&40T O= 9AY ,! .! /! DownerE comprehends the usufructuary who may ma@e use of the right granted# Dimpro ementE+ alteration or beautification are added to ma@e the rule comprehensi e# DindispensableE should not be construed in its literal meaning# it is sufficient that great con enience+ difficulty or e$pense would be encountered if the easement were not granted
note1 the easement of right of way+ being discontinuous cannot be ac"uired by prescription# - in any case+ the right cannot be ac"uired by prescription if the use relied upon as basis for prescription was merely tolerated by the owner of an estate for con enience ART! <G, 9&8T0 O= PA66A4E it is the needs of the dominant property which ultimately determine the width of the passage and these needs ary from time to time
ART! <GH R&40T O= 9AY =OR T0E PA66A4E O= '&>E6TO(A+ 9ATER&*4 P'A(E6+ ET(! the easement shall be go erned by the ordinances and regulations relating thereto+ and in their absence+ by the usage and customs of the place
S*!& $9 3 + *AS*#*9& $F PA,&Y ;A"" ART! <GL EA6E3E*T O= A PARTY 9A'' 8E=&*E8 refers to all those mass of rights and obligations emanating from the e$istence and common enjoyment of wall+ fence+ enclosures or hedges+ by the owners of adjacent buildings and estates separated by such objects
ART! <G. in relation to ART! <G/ 90ERE 'A*8 O= TRA*6=EROR OR TRA*6=EREE E*('O6E8 the articles pro ide an e$ception to the re"uirement in art! <BJ regarding the payment of indemnity
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buyer5s + etc! land enclosed - transferee is not obliged to pay indemnity for the easement as the consideration for the transfer is presumed to include the easement without the indemnity# donee5s land enclosed - art! <G. is not applicable in cases of simple donation because the donor recei es nothing for his property# seller5s + etc! or donor5s land enclosed
party wall1 a common wall which separates two estates+ built by common agreement at the di iding line such that it occupies a portion of both estates on e"ual parts party wall s co - ownership in co -ownership the shares of the co -owners can be di ided or separated physically+ but before such di ision+ a co-owner cannot point to any definite portion of the property a sbelonging to him+ while in a party wall+ the shares of the co - owners cannot be physically segregated but they can be physically identified#
,!
).
.! none of the co -owners may use the community property for has e$clusi e benefit because he would be in ading the rights of the others+ while in a party wall+ there is no such limitation# any owner may free himself from contributing to the cost of repairs and construction of a party wall b yrenouncing all his rights thereto+ while in a co ownership+ partial renunciation is allowed B!
CIVIL LAW REVIEWER

he must pay the increased cost of preser ation of the wall
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ART! <<< PROPORT&O*A' %6E O= PARTY 9A'' the party owners share in the e$penses of maintaining a party wall in proportion to the interest of each# they also ha e a proportionate right to its use without interfering with the common and respecti e uses by the other co -owners
ART! <GJ 90E* E2&6TE*(E O= EA6E3E*T O= PARTY 9A'' PRE6%3E8 in the three cases mentioned+ the presumption is that the structures referred to are party walls# the legal presumption is juris tantum+ it may be rebutted by a title or e$terior sign+ or any other proof showing that the entire wall in contro ersy belongs e$clusi ely to one of the adjoining party owners
S*!& $9 D + *AS*#*9& $F " GH& A9> 8 *; ART! <<H EA6E3E*T O= '&40T 8E=&*E8 - it is the right to admit light from the neighboring estate by irtue of the opening of a window or the ma@ing of certain openings EA6E3E*T O= >&E9 8E=&*E8 - it is the right to ma@e openings or windows+ to enjoy the iew through the estate of another and the power to pre ent all constructions or wor@s which would obstruct such iew or ma@e the same difficult# - it necessarily includes the easement of light# - it is possible to ha e light only without iew ma@ing of opening through a party wall - a window or opening in the di iding wall of buildings is an e$terior sign which rebuts the presumption that the wall is a party wall# - one part owner may not+ therefore+ ma@e any window or opening of any @ind thru a party wall without the consent of others
ART! <<C E2TER&OR 6&4*6 RE)%TT&*4 PRE6%3PT&O* the article mentions some e$terior signs rebutting the presumption of a party wall# the wall becomes the e$clusi e property of the owner of the estate which has in its fa or the presumption based on any of the e$terior signs# the enumeration is merely illustrati e and not e$clusi e
ART!<<, 8&T(0E6 OR 8RA&*6 )ET9EE* T9O E6TATE6 the deposit of earth or debris on one side alone is an e$terior sign that the owner of that side is the owner of the ditch or drain# the presumption is an addition to those enumarated in art! <<C and is li@ewise rebuttable REPA&R6 A*8
ART! <<. (O*TR&)%T&O* TO (O6T O= (O*6TR%(T&O* O= PARTY 9A''6
ART! <<L PRE6(R&PT&>E PER&O8 =OR A(P%&6&T&O* O= EA6E3E*T O= '&40T A*8 >&E9 Kthe easement may either be positi e or negati e ,! positi e easement - it is made thru a party wall or e en if made on one5s own wall+ if the window is on a balcony or projection e$tending o er the property# - a party wall is not for the opening of windows+ its purpose is to support the buildings of the part - owners# - when a window is opened through a party wall+ an apparent and continuous easesment is created from the time of such opening# - but there is no true easement as long as the right to pre ent its use e$ists# - under art! <<L par!,+ the adjoining owner can order the window closed within ten years from the time of the opening of the window negati e easement - if the window is made through a wall on the dominant estate# - in such a case+ the ten year prescripti e period commences from the time of the formal prohibition upon the adjoining owner# - the Dformal prohibitionE must be an instrument ac@nowledged before a notary public
7 any owner may free himself from contributing to the charge by renouncing his rights in the party wall unless it actually supports his building ART! <</ 8E3O'&T&O* O= )%&'8&*4 6%PPORTE8 )Y PARTY 9A'' an owner may also renounce his part ownership of a party wall if he desires to demolish his building supported by the wall# he shall bear the e$penses of repairs and wor@ necessary to pre ent any damage which the demolition may cause to the party wall# Don this occasion onlyE means that his liability for damages is limited to those damages suffered simulateneously+ during+ or immediately after+ and by reason of the demolition
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ART!<<B &*(REA6&*4 0E&40T O= PARTY 9A'' Kconditions1 ,! he must do so on his own e$pense# .! he must pay for damages which may be caused thereby e en if the damage is temporary# /! he must bear the cost of maintaining the portion added#
ART! <<J OPE*&*46 AT 0E&40T O= (E&'&*4 FO&6T6 TO A83&T '&40T ,! wall is not a party wall - the owner may ma@e an opening for the purpose of admitting light and air+ but not for iew
Krestrictions1
)/
.! si:e must not e$ceed /C centimeter s"uare# the opening must be at the height of the ceiling joists or immediately under the ceiling# there must be an iron grating imbedded in the wall# there must be a wire screen
CIVIL LAW REVIEWER

S*!& $9 I >,A 9AG* $F %< "> 9GS ART! <HB EA6E3E*T O= 8RA&*A4E O= )%&'8&*46 is the right to di ert or empty the rain waters from one5s own roof or shed to the neighbor5s estate either drop by drop or through conduits
wall becomes a party wall - a part owner can order the closure of the opening because no part - owner may ma@e an opening through a party wall without the consent of the others# - it can also obstruct the opening unless an easement of light has been ac"uired by prescription in which case the ser ient owner may not impair the easement
the article does not really create a ser itude+ it merely regulates the use of one5s own property by imposing on him the obligation to collect its rain water so as not to cause damage to his neighbors+ e en if he be a co -owner of the latter# it pro ides an e$ception to art! </H which obliges lower estates to recei e the waters which naturally flow from higher estates
ART! <HC in relation to ART! <H, 8&RE(T A*8 O)'&P%E >&E96 art! <HC re"uires a distance of two meters for direct iew and si$ty centimeters for obli"ue or side iew# while art+ <H, pro ides the manner of measuring the distance# the distance for obli"ue iew is much shorter ob iously because of the difficulty of affording a full iew of the adjoining tenement# an owner can build withing the minimum distance or e en up to the di iding line pro ided no window is opened as pro ided in art! <<J# prescription may still be ac"uired as a negati e easement after ten years from the time of notarial prohibition
ART! <HG EA6E3E*T TO RE(E&>E =A''&*4 RA&* 9ATER6 the article deals not with a legal or compulsary easement+ but with a oluntary easement to recei e rain water falling from the roof of an adjoining building# it is an application of art! <.J
ART! <H< EA6E3E*T 4&>&*4 O%T'ET TO RA&* 9ATER 90ERE 0O%6E 6%RRO%*8E8 )Y OT0ER 0O%6E6 Kconditions1 ,! .! /! there must be no ade"uate outlet to the rain water because the yard or court of a house is surrounded by other houses# the outlet to the water must be at the point where egress is easiest+ and establishing a conduit for drainage# there must be payment of proper indemnity
ART! <H. 90ERE )%&'8&*46 6EPARATE8 )Y A P%)'&( 9AY OR A''EY the distance pro ided in art! <HC is not compulasary where there is a public way or alley pro ided that it is not less than three meters wide# the minimum width is necessary for the sa@e of pri acy and safety# the width of the alley is subject to special regulations and ordinances# a pri ate alley opened to the use of the general public falls within the pro ision of art! <H.
S*!& $9 9&*,#*> A&* > S&A9!*S A9> ;$,HS F$, !*,&A 9 !$9S&,<!& $9S A9> P"A9& 9GS ART! <HH (O*6TR%(T&O* A*8 P'A*T&*46 *EAR =ORT&=&E8 P'A(E6 the article establishes an easement in fa or of the 6tate# the general prohibition is dictated by the demands of national security
ART! <H/ 90ERE EA6E3E*T O= 8&RE(T >&E9 0A6 )EE* A(P%&RE8 DtitleE as used in art! <H/ refers to any of the modes of ac"uiring easements+ namely1 contract+ will+ donation+ or prescription whene er the easement of direct iew has been ac"uired by any such title+ there is created a true easement# the owner of the ser ient estate cannot build thereon at less than a distance of three meters from the boundary line# the distance may be increased or decreased by stipulation of the parties pro ided that in case of decrease+ the minimum distance of two meters or si$ty centimeters prescribed in art! <HC must be obser ed+ otherwise it is oid# the said distances in ol e considerations of public policy and the general welfare+ hence+ they should not be rendered ineffecti e by stipulation
ART! <HL (O*6TR%(T&O* O= AP%E8%(T+ 9E''+ 6E9ER! ET(! such constructions must comply with the distances prescribed by locla regulations and customs of the place# the owner must ta@e necessary protecti e wor@s or other precautions to a oid damage to neighboring estates the prohibitions in the article cannot be altered or renounced by stipulations because they in ol e considerations of public policy and general welfare
ART! <HL P'A*T&*4 O= TREE6 the article establishes a negati e easement# it pro ides the minimum distances of trees and shrubs from the boundary line# they shall be regulated by the local ordinances and in the absence thereof+ by the customs of the place+ and in default thereof+ by art+ <HJ# the purpose of this article is to pre ent the plantings from enroaching into the neighboring tenements#
ART! <LC
)0
&*TR%6&O*6 O= )RA*(0E6 OR ROOT6 &*TO *E&40)OR&*4 E6TATE the rights gi en to the adjoining owner by article <LC do not prescribe where his inaction is by reason of mere tolerance unless a notarial prohibition is made in which case the prescripti e period of a negati e easement would begin to run from the date of such prohibition# but the owner of the plantings cannot destroy them and the adjacent owner gas no cause to complain
CIVIL LAW REVIEWER

!HAP&*, 2 8$"<9&A,Y *AS*#*9&S ART! <LL O9*ER O= 'A*8 3AY (O*6T&T%TE EA6E3E*T since easement in ol es an act of strict dominium+ only the owner or at least one acting in his name and under his authority+ may establish a oluntary easement# howe er+ a beneficial owner may establish a temporary easement consistent with his right as such and subject to termination upon the e$tinguishment of the usufruct
ART! <L, =R%&T6 *AT%RA''Y =A''&*4 %PO* A8FA(E*T 'A*8 belong to the owner of the adjacent land to compensate him for the incon enience causes by the branches of trees e$tending o er his land# note that for the adjacent owner to be entitled to the fruits+ they must not only fall upon his land but the falling must occur naturally# if the fruits fall on public property+ the owner of the tree retains ownership
oluntary easements not contractual+ they constitute the act of the owner1
ART! <LJ 90ERE T0E PROPERTY 0E'8 &* %6%=R%(T 7 the owner of a property in usufruct may create easements thereon without the consent of the usufructuary pro ided the rights of the latter are not impaired# 7 the abo e article follows the rules laid down in arts! GL, and GJG ART! <JC (REAT&O* O= PERPET%A' >O'%*TARY EA6E3E*T consent of both the na@ed owner and the beneficial owner is necessary
S*!& $9 J *AS*#*9& AGA 9S& 9< SA9!* ART! <L. in relation to ART! <L/ PROPR&ETOR OR PO66E66OR O= 'A*8 OR )%&'8&*4 PRO0&)&TE8 =RO3 (O33&TT&*4 *%&6A*(E the (i il (ode considers the easement against nuisance as negati e because the proprietor or possessor is prohibited to do something which he could lawfully do were it not for the e$istence of the easement# howe er+ a nuisance in ol es any act or omission which is unlawful# the abo e articles are more of a restriction on the right of ownership than a true easement
ART! <J, &3PO6&T&O* O= EA6E3E*T O* %*8&>&8E8 PROPERTY the creation of a oluntary easement on property owned in common re"uires the unanimous consent of all the co owners+ because it in ol es an act of alteration and not merely an alienation of an ideal share of a co - owner# the consent may be gi en separately or successi ely
ART! <J. R%'E6 4O>ER*&*4 >O'%*TARY EA6E3E*T6 ,! .! /! if created by title+ auch as contract+ will etc!+ then by such title# if created by prescription+ by the form and manner of possession of the easement# in default of the abo e+ by the pro isions of the (i il (ode on easement
S*!& $9 / "A&*,A" A9> S<%JA!*9& S<PP$,& ART6! <LB+ <LG+ <L<+<LH PROPR&ETOR PRO0&)&TE8 8A*4ERO%6 E2(A>AT&O*6 =RO3 3AA&*4
7easement of lateral and subjacent support is deemed essential to the stability of buildings the support is lateral when the supported and supporting lands are di ided by a ertical plane# the support is subjacent when the supported land is abo e and the supporting land is beneath it# 7 any stipulation or testamentary pro ision allowing e$ca ations that iolate art! <LB is oid# 7 the limitation applies also to future constructions# 7 the notice re"uired is mandatory e$cept where there is actual @nowledge of the proposed e$ca ation# - in any case+ the e$ca ation should not depri e the adjacent land or building of sufficient lateral or subjacent support# - the adjacent landowner is entitled to injucti e relief and to damages for iolation of the pro isions
ART! <J/ 90ERE 6ER>&E*T O9*ER )O%*8 0&36E'= TO )EAR (O6T O= 3A&*TE*A*(E O= EA6E3E*T the article applies only where the owner of the ser ient estate bound himself to bear the cost of the wor@ re"uired for the use and preser ation of the easement# he is bound to fulfill the obligation he has contracted# he may free himself from obligation by renouncing or abandoning his property to the dominant owner# in any case+ it cannot be tacit or implied+ it must follow the form re"uired by law for the transmission of ownership of real property
& &"* 8 9< SA9!* ART! <JB (O*(EPT O= *%&6A*(E
+(
art! GJ< gi es the statutory definition of nuisance in terms of that which causes the harm or damage+ and not of the harm or damage caused# negligence is not an essential ingredient of nuisance but to be liable for nuisance+ there must be resulting injury to another in the enjoyment of his legal rights .!
CIVIL LAW REVIEWER

nuisance per accidens is an act+ occupation+ or structure+ not a nuisance per se+ but which may become a nuisance by reason of circumstances+ location+ or surroundings
8&6T&*4%&60E8 ,! in the case of a nuisance per se+ the thing becomes a nuisance as a matter of law# - its e$istence need only to be pro ed in any locality+ without showing of specific damages+ and the right relief is established by a erment and proof of the mere act# - but where a thing not a nuisance per se is a nuisance per accidens or in fact+ depends upon its location and surroundings+ the manner of its conduct or other circumstances+ and in such cases+ proof of the act and its conse"uence is necessary# - the act or thing complained of must be shown by e idence to be a nuisance under the law+ and whether it is a nuisance or not is generally a "uestion of fact a nuisance per se may be summarily abated under the undefined law of necessity# - but if the nuisance be per accidens it has to be decided before a tribunal athori:ed to decide whether a thing or act does in law consitute a nuisance doctrine of attracti e nuisance
anything which is injurious to public health or safety+ is offensi e to the senses+ is indecent or immoral+ obstructs the free use of any public street or body of water+ impairs the use of property+ or+ in any way+ interferes with the comfortable enjoyment of life or property is a nuisance distinguished from trespass a nuisance consists of a use of one5s property in such a manner as to cause injury to the property or the right or interest of another+ while a trespass is a direct infringement of another5s right of property# in trespass+ the injury is direct and immediate+ in nuisance+ it is conse"uential when rules on negligence applicable - it has been held that where the acts or omissions constituting negligence are the identical acts which+ it is asserted gi e rise to a cause of action for nuisance+ the rules applicable to negligence will be applied
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ART! <JG P%)'&( A*8 PR&>ATE *%&6A*(E6 8E=&*E8 ,! a public nuisance has been defined as the doing of or the failure to do something that injuriously affects safety+ health+ or morals of the public+ or wor@s some substantial annoyance+ incon enience+ or injury to the public# a pri ate nuisance has been defined as one which iolates only pri ate rights and produces damage to but one or few persons+ and cannot be said to be public
7Done who maintains on his premises dangerous instrumentalities or appliances of a character li@ely to attract children in play+ and who fails to e$ercise ordinary care to pre ent children from playing therewith or resorting thereto+ is liable to a child of tender years who is injured thereby+ e en if the child is technically a trespasser in the premisesE - the doctrine is generally not applicable to bodies of water+ artificial as well as natural in the absence of some unusual condition or artificial feature other than the mere water and its location ART!<J< '&A)&'&TY O= 6%((E66OR O= PROPERTY (O*6T&T%T&*4 A *%&6A*(E 4eneral rule1 only the creator of a nuisance is liable for the damage resulting therefrom howe er+ since the injurious effect of a nuisance is a continuing one+ e ery successi e owner or possessor of property constituting a nuisance who fails or refuses to abate it+ or permits its continuation has the same liablity as the one who created it# to render him liable+ it is necessary that he has actual @nowledge of the e$istence of the nuisance and that it is within his power to abate the same
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P%)'&( A*8 PR&>ATE *%&6A*(E6 8&6T&*4%&60E8 ,! .! the former affects the public at large or such of them as may come in contact with it+ while the latter affects the indi idual or a limited number of indi iduals only# public nuisances are indictable+ whereas pri ate nuisances are actionable+ either for their abatement or for damages+ or both mi$ed nuisances1 a thing may be a pri ate nuisance without being a public one or a public nuisance without being a pri ate one# - on the other hand+ a nuisance may be both public and pri ate in character# -
ART!<JH A)ATE3E*T A*8 RE(O>ERY O= 8A3A4E6 the action to abate and the action to reco er damages are distinct remedies either or both of which the plaintiff may pursue at his election# the owner of property abated as a nuisance is not entitled to compensation unless he cna show that the abatement is unjustified
*%&6A*(E P*, S* (in law) A*8 *%&6A*(E P*, A!! >*9S (in fact) 8E=&*E8 ,! nuisance per se is an act+ occupation+ or structure which is a nuisance at all times and under any circumstances+ regardless of location or surroundings# - it is anything which of itself is a nuisance because of its inherent "ualities+ producti e of injury or dangerous to life or property without regard to circumstance
ART! <JL E==E(T O= 'AP6E O= T&3E 4eneral rule1 the right to bring an action to abate a public or pri ate nuisance is not e$tinguished by prescription# E$ception1 under the special rule of art! <,/ (.) which e$pressly prescribes that easements are e$tinguished by obstruction and non user for ten years
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CIVIL LAW REVIEWER

ART! <JJ RE3E8&E6 A4A&*6T A P%)'&( *%&6A*(E ,! .! /! prosecution under the Penal (ode or any other local ordinance# ci il action# abatement+ without judicial proceedings the remedies are not e$clusi e but cumulati e# all of the may be a ailed of by public officers+ and the last two by pri ate persons+ if the nuisance is especially injurious to the latter
the article pro ides for two grounds to hold a pri ate or public official e$trajudicially abating a nuisance liable for damages# it ser es the dual purpose of pro iding a sort of deterrent against the impro ident or unreasonable resort to the remedy by unscrupulous parties and at the same time affords the ictim a ci il remedy to reco er damages without prejudice to such other remedies granted by law
& &"* 7 ,*G S&,Y $F P,$P*,&Y ART! HCL 6Y6TE36 O= RE4&6TRAT&O* ,! former registration systems1 - system under the 6panish 3ortgage 'aw of ,LJ/# - Torrens 6ystem established by Act! *o! BJ< as amended+ otherwise @nown as the 'and Registration Act# - The system pro ided for in 6ection ,JB of the Re ised Administrati e (ode as amended by Act *o! //BB+ co ering transactions affecting real estate not registered under Act *o! BJ< and under the 6panish 3ortgage 'aw
ART6! HCC+ HC, and HC. RO'E O= 8&6TR&(T 0EA'T0 O==&(ER A*8 OT0ER6 9&T0 RE6PE(T TO P%)'&( *%&6A*(E the district health officer is charged with the duty to see to it that one or all of the remedies against a public nuisance are a ailed of# he shall determine whether the third remedy+ a is the best remedy against a public nuisance# the remedy must be a ailed of only with the inter ention of the district health officer# it does not necessarily follow that the failure to obser e art! HC. is in itself a ground for the award for damages# art! HC. does not empower the district officer to abate a public nuisance to the e$clusion of all other authorities# the action must be commenced by the city or municipal mayor# but a pri ate person may also file an action if the public nuisance is especially injurious to him
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present registration system1 - by irtue of P!8! LJ.+ the system under the 6panish 3ortgage 'aw was discontinued and all lands recorded under said system which are not co ered by Torrens title shall be considered as unregistered land KRE4&6TRAT&O* 8E=&*E8 - means the entry made in a boo@ or public registry of deeds ,! .! the Registry of Property co ers only immo able property# mo able properties are co ered by 6pecial 'aws# the object is the Dinscription or annotation of acts and contracts relating to the ownership and other real rights o er immo able propertyE and thus to gi e notice to parties dealing with property of its true status and protect them from secret transfers and encumberances# art! HCL contemplates a system of general registry which would co er all systems of registration under e$isting laws including the system of recording under Act!//BB
ART! HC/ R&40T O= PR&>ATE PER6O* TO =&'E A* A(T&O* O* A((O%*T O= A P%)'&( *%&6A*(E a pri ate person may also file a ci il action if the public nuisance is especially injurious to himself# such nuisance becomes to him a pri ate nuisance affecting him in a special way different from that sustained by the public in general
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ART! HCB (O*8&T&O*6 =OR E2TRAF%8&(&A' A)ATE3E*T O= A P%)'&( *%&6A*(E the article states what may be done in abating a public or pri ate nuisance1 the party injured may remo e and if necessary+ destroy the thing which constitutes the nuisance+ without committing a breach of the peace+ or doing unnecessary damage
ART! HCJ E==E(T6 O= RE4&6TRAT&O* ,! .! /! B! operates as constructi e notice# does not alidate or cure defecti e instrument# cannot bind property where it is legally ineffecti e# does not est title effect of lac@ of registration - the purpose of registration is merely to notify and protect the interests of strangers to a gi en transaction+ but the non7 registration of the deed e idencing such transaction does not relie e the parties of their obligation thereunder# - the law always tends to protect registered rights to fa or him who registers and+ therefore +the registration shall prejudice those who ha e not registered prejuduce to third person - art! HCJ spea@s of third persons# - as a general rule+ it may be said that when the law spea@s of prejudice to third persons, they are interested parties who ha e not registered+ nor participated in the act+ contract or deed that was registered by another+ and when it says that third persons shall not be prejudiced+ they are interested parties who base their right on a registered title
there is a necessity of gi ing notice to such person inorder to enable him to abate the nuisance himself
ART6! HCG and HC< RE3E8&E6 A4A&*6T A PR&>ATE *%&6A*(E the remedies pro ided for in the article are the same as the remedies against a public nuisance e$cept for the absence of the first remedy of criminal propsecution
ART! HCH '&A)&'&TY =OR 8A3A4E6 &* (A6E O= E2TRAF%8&(&A' A)ATE3E*T O= *%&6A*(E
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a! b! c! d! e!
CIVIL LAW REVIEWER

ART! H,C PO9ER O= RE4&6TER O= 8EE86 A6 (%6TO8&A* O= RE4&6TRY )OOA6 the Register of 8eeds has inherent power to control the office and the records under his custody and has some discretion to e$ercise as to manner in which persons desiring to inspect+ e$amine+ or copy the records may e$ercise their rights# the power to ma@e registration+ does not carry with it the power to prohibit+ e$cept perhaps+ when it is clear that the purpose of the e$amination is unlawful
law# donation# succession# tradition# prescription law as a mode of ac"uisition - when the (i il (ode spea@s of law as a mode of ac"uisition+ it refers to it as a distinct mode or to those cases where the law+ independent of other modes+ directly ests ownership of a thing in a person once the prescribed conditions or re"uisites are present or complied with tradition as a mode of ac"uisition - it is a deri ati e mode of ac"uiring ownership and other real rights by irtue of which+ there being intention and capacity on the part of the grantor and grantee and the pre - e$istence of said rights in the estate of the grantor+ they are transmitted to the grantee through a just title# a! the principal @inds of tradition are as ff1 real tradition or physical deli ery which ta@es place when the thing is physically deli ered or transferred from hand to hand if it is a mo able+ and if it is an immo able+ by certain acts also material+ performed by the grantee in the presence of and with consent of the grantor which acts generally called ta@ing possession# constructi e tradition or when the deli ery of the thing is not real or material but consists merely in certain facts indicati e of the same+ this may ta@e place in any of the ff cases1 7symbolical tradition# 7tradition by public instrument# 7tradtion longa manu# 7tradition bre i manu# 7tradition constitutum possessorium# 7"uasi tradition# 7tradition by operation of law & &"* $!!<PA& $9
Registry boo@s of public nature - it is not the prerogati e of registration officers ha ing custody of records to see that the information which the records contain is not flaunted before public ga:e# - if it be wrong to publish the contents of the records+ it is the legislature and not the officials ha ing custody thereof which is called upon to de ise a remedy
ART! H,, RE=ERE*(E TO 6PE(&A' 'A96 7the article refers to three special laws# 7Dother special lawsE may include special laws go erning the registration of mo able property in a registry office e!g! (hattel 3ortgage 'aw+ the 6hip 3ortgage 8ecree and the 'and Transportation and Traffic (ode b!
> FF*,*9& #$>*S $F A!G< , 9G $;9*,SH P P,*" # 9A,Y P,$8 S $9S ART! H,. (O*(EPT O= 3O8E A*8 T&T'E ,! 3O8E is the specific cause which produces them as a result of the presence of a special condition of things+ of the capacity and intention of persons+ and of the fulfillment of the re"uisites established by law# T&T'E is the juridical act+ right or condition which gi es the means to their ac"uisition but which in itself is insufficient to produce them
ART! H,/ (O*(EPT O= O((%PAT&O* it may be defined as the appropriation of appropriable by nature which are without an owner things
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3O8E A*8 T&T'E 8&6T&*4%&60E8 ,! .! /! B! mode directly and immediately produces a real right+ while title ser es merely to gi e the occasion for its ac"uisition or e$istence# mode is the cause+ while title is the means# mode is the pro$imate cause+ while title may be regarded as the remote cause# mode is the essence of the right which is to be created or transmitted+ while title is the means whereby that essence is transmitted
re"uisites1 ,! .! /! B! G! <! there must be sei:ure of a things# the thing sei:ed must be corporeal personal property# the thing must be susceptible of appropriation by nature# the thing must be without an owner# there must be an intention to appropriate# the re"uisites or conditions laid down by law must be complied with
O((%PAT&O* A*8 PO66E66&O* 8&6T&*4%&60E8 ,! .! /! B! occupation is a mode of ac"uiring ownership+ while possession merely raises the presumption of ownership when it is e$ercised in the concept of owner# occupation refers only to corporeal personal property+ while possession may be e$ercised o er any @ind of property+ whether real or personal+ corporeal or incorporeal# occupation re"uires that the object thereof be without an owner+ while possession may refer to property owned by somebody# occupation re"uires that there be an intent to ac"uire ownership+ while possession may be had in the concept of a mere holder#
different modes (and titles) of ac"uiring ownership and other real rights ,! a! b! .! original modes or those independent of any pre e$isting right of another person+ namely1 occupation# wor@ which includes intellectual creation deri ati e modes or those based on a pre - e$isting right held by another person+ namely1
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G! <! H! occupation may not ta@e place without some form of possession+ while possession may e$ist without occupation# occupation is of short duration+ while possession is generally of longer duration# occupation by itself cannot lead to another mode of ac"uisition+ while possession may lead to another mode which is prescription ways by which occupation may be effected by hunting and fishing# by finding of mo ables which ne er had any owner# by finding of mo ables which ha e been abandoned by the owner# by finding of hidden treasure -
CIVIL LAW REVIEWER

the period of two days and twenty days are not periods of limitation+ but conditions precedent to reco ery
ART! H,H O((%PAT&O* O= P&4EO*6 A*8 =&60 the articl does not refer to wild pigeons and fish in a state of liberty or that li e naturally independent of man# their occupation is regulated by special laws on hunting and fishing# what is contemplated here are pigeons and fish considered as domesticated animals subject to the control of man in pri ate breeding places
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ART! H,L 8&6(O>ERY O= 0&88E* TREA6%RE see arts! B/L - B/J
ART! H,B O((%PAT&O* )Y 'A*8 land is not included among things that can be the object of occupation# the reason is that when land is without an owner+ it pertains to the 6tate# if it is not owned by a pri ate person+ it belongs to the public domain with respect to an abandoned lot+ it may be considered as without an owner and therefore pertains to the 6tate as part of its patrimonial property+ not by irtue of occupation but on the legal principle that land without owner belongs to the 6tate
ART! H,J in relation to ART! H.C R%'E6 A6 TO 'O6T &33O>A)'E ,! .! /! the rights and obligations of the finder of lost personal property are based on the principle of "uasi - contract# the duty imposed on the finder by art! H,J is based on the fact that one who lost his property does not necessarily abandon it# if there is no abandonment+ the lost thing has not become res nullius
ART6! H., - H.B pro isions relating to &ntellectual (reation
ART! H,G RE4%'AT&O* O= 0%*T&*4 A*8 =&60&*4 6pecial 'aw regualates hunting to protect animal life - Act *o! .GJC a amended by Act! *o! /HHC+ Act! *o! BCC/ and (!A! *o! BJ,# 6pecial 'aw go erning fishing is P!8! *o! HCB otherwise @nown as the =isheries 8ecree of ,JHG# 0unting and fishing may be regulated by a municipal corporation or local go ernment unit under a pro ision of law or authority granted by (ongress+ being in this case a delegation of the 6tate5s authority to the corporation
& &"* >$9A& $9 !HAP&*, . 9A&<,* $F >$9A& $9S ART! H.G (O*(EPT O= 8O*AT&O* ,! the donation the article spea@s of and which is go erned by T&T'E &&& is the donation proper or the true or real donation# it is sometimes simply referred to as Dordinary doanationE as opposed to the other @inds of donation
nature and effect of donation although the article defines donation as an act+ it is really a contract+ with all the essential re"uisites of a contract# - it falls under contracts of pure beneficience+ the consideration being the mere liberality of the benefactor# - howe er the (ode considers donation not among the contracts that transfer ownership but as a particular mode of ac"uiring and transmitting ownership# the effect of donation is to reduce the patrimony or asset of the donor and to increase that of the donee# hence+ the gi ing of a mortgage or any other security does not constitute a donation re"uisites of donation donor must ha e the capacity to ma@e the donation of a thing or right# he must ha e the donati e intent or intent to ma@e the donation out of liberality to benefit the donee# there must be deli ery+ whether actual or constructi e+ of the thing or right donated# the donee must accept or consent to the donation
ART! H,< O((%PAT&O* )Y A 69AR3 O= )EE6 the owner of a swarm of bees that went to anotherM5 land shall lose ownership if he has not pursued the same within two consecuti e days after it left his property+ or after pursuing the same+ he ceases to do so within the same period# in such a case+ the possessor or owner of the land may occupy or retain the bees
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O((%PAT&O* O= 8O3E6T&(ATE8 A*&3A'6 a domesticated animal which has not strayed or been abandoned cannot be ac"uired by occupation by a person to whose custody it was entrusted# neither does the pro ision apply to a case where a person has found a domestic animal and @ept it for a number of years not @nowing its owner#
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ART! H.< A&*86 O= 8O*AT&O* ,! a! b! c! .! a! b! c! d! as to ta@ing effect1 inter i os# mortis causa# propter nuptias# as to consideration1 simple# remuneratory of compensatory# modal# onerous
CIVIL LAW REVIEWER

the fact that the e ent happens or the condition is fulfilled after the donor5s death does not change the nature of the act a a donation inter i os# the e$ception is when the donor really intended that the donation should ta@e effect after his death
ART! H/, 8O*AT&O* &*TER >&>O6 6%)FE(T TO A RE6O'%TORY (O*8&TO* a donation subject to a resolutory condition ta@es effect immediately but shall become inefficacious upon the happening of the e ent which constitutes the condition# e en if the donation is subject to the resolutory condition of the donor5s sur i al+ the donation is still inter i os
/! as to effecti ity or e$tinguishment1 a! pure# b! conditional# c! Iwith a term ART! H.H E==E(T O= &''E4A' OR &3PO66&)'E (O*8&T&O*6 ,! .! when condition is not deemed imposed1 - the rule on testamentary disposition is followed# - the donation is considered simple# when donation rendered oid1 - being contractual in nature+ the rule applicable would be found in art! ,,L/
ART! H/. PRO>&6&O*6 4O>ER*&*4 8O*AT&O*6 donations inter i os are donations of property that are not mortis causa# they include the simple+ remunerati e+ modal and onerous+ whether or not subject to any condition or term#
ART! H// R%'E6 4O>ER*&*4 O*ERO%6 8O*AT&O*6 OR O*ERO%6 PORT&O*6 O= 8O*AT&O*6 ,! .! /! alienations by onerous title such as sale+ may be considered a donation to the e$tent that the alue of the thing sold e$ceeds the price paid# the article ma@es the rules of contract directly applicable to onerous donations and remuneratory donations as to the onerous portions therof# the remuneratory donations referred to by the article are the modal donations or those which impose Dupon the donee a burden which is less than the alue of the thing gi enE# as regards that portion which e$ceeds the alue of the burden+ it shall be go erned by the pro isions on donations# modal donations are to be distinguished from the remuneratory donations proper which consist of those made in consideration of ser ices rendered by the donee to the donor# thereis no burden imposed on remuneratory donations# if a burden is imposed+ it becomes onerous as regards the alue of the burden
ART! H.L in relation to ART! H.J 8&6T&*(T&O*6 )ET9EE* 8O*AT&O*6 &*TER >&>O6 A*8 8O*AT&O*6 3ORT&6 (A%6A ,! .! the first ta@es effect during the lifetime of the donor# independently of his death+ while the second+ upon the death of the donor# the first is made out of the donor5s pure generosity+ while the second is made in contemplation of his death without the intention to lose the thing or its free diposal in case of sur i al# the first is alid e en if the donor should sur i e the donee+ while the second is oid should the donor sur i e the donee# the first must follow the formalities of donations+ while the second must follow the formalities of a will for it is in reality a legacy or de ise# the first must be accepted by the donee during his lifetime+ while the second+ being in the nature of a testamentary dispostion+ can only be accepted after the donor5s death# the first cannot be re o@ed e$cept for grounds pro ided for by law+ while the second is always re ocable at any time and for any reason before the donor5s death# in the first+ the right to dispose of the property is completely con eyed to the donee+ while in the second+ the right is retained by the donor while he is still ali e# the first is subject to a donor5s ta$+ while the second is subject to estate ta$
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B! G! <!
ART! H/B PER=E(T&O* O= 8O*AT&O* ,! .! /! B! necessity of acceptance7 must be made during the lifetime of the donor# notice of acceptance - perfection ta@es place+ not from the time of acceptance by the donee but from the time it is made @nown+ actually or constructi ely+ to the donor# re ocation before perfection - once it is perfected it cannot be re o@ed without the consent of the donee e$cept on grounds pro ided by law# if the donor re o@es the donation before learning of the acceptance by the donee+ there is no donation
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ART! H/C 8O*AT&O* &*TER >&>O6 6%)FE(T TO 6%6PE*6&>E (O*8&T&O* the article contemplates a situation where the donor intends the donation to ta@e effect during his lifetime but he imposes a suspensi e condition which may or may not ta@e place beyond his lifetime#
!HAP&*, C P*,S$9S ;H$ #AY G 8* $, ,*!* 8* A >$9A& $9 ART! H/G
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(APA(&TY O= 8O*OR TO (O*TRA(T A*8 8&6PO6E P= PROPERTY the article re"uires that the donor must ha e both the capacity to contract and the capacity to dispose of his property in order that he may ma@e a donation
CIVIL LAW REVIEWER

ART! HB, 8O*AT&O*6 TO 3&*OR6 A*8 OT0ER6 9&T0O%T (APA(&TY TO (O*TRA(T the article does not ma@e any distinction# if the reason for re"uiring acceptance through the parents or legal representati e is the lac@ of capacity of the donee to gi e consent+ it is clear that the donee may not alidly accept a donation although it imposes no burden# in any case+ when a formal or written acceptance is re"uired by the donor+ such acceptance must be made by the parents or legal representati e
note1 Kpro isions on the =amily (ode1 art! LH+ JL and ,.G# art! BJ/ ((# )!P! )lg! <L ((orporation (ode) 6ec! /< (J) pro ides for the power of corporations to ma@e donation ART! H/< 8O*AT&O* )Y A 4%AR8&A* OR TR%6TEE O= 9AR856 PROPERTY Kwhere donation is simple1 - guardians and trustees cannot be donors of their ward5s properties for the simple reason that they are not the owners of the same# Kwhere donation is onerous1 - the prohibition+ howe er+ is not absolute# with respect to the trustee+ donation is permitted notwithstanding that the trustee recei es nothing in e$change directly+ if the donation is onerous and is beneficial to the benefiaciary ART! H/H (APA(&TY O= T0E 8O*OR AT T&3E O= 3AA&*4 T0E 8O*AT&O* donation is perfected is from the moment the donor @nows of the acceptance by the donee# under the article+ the donor5s capacity must e$ist at the time of the ma@ing the donation and not from the time of the @nowledge by the donor of the acceptance+ that is + at the perfection of the act
ART! HB. 8O*AT&O*6 TO (O*(E&>E8 A*8 %*)OR* (0&'8RE* the article applies both to simple and onerous donations# the acceptance must be made by those persons who would legally represent them if they are already born
ART! HB/ 8O*AT&O*6 TO &*(APA(&TATE8 PER6O*6 the incapacity refers to persons specially dis"ualified by law to become donees+ such as those referred to in arts! H/J and HBC# donations to such persons are oid e en if simulated under the guise of another contract or through an intermediary
ART! HBB 8O*AT&O*6 O= T0E 6A3E T0&*4 TO 8&==ERE*T 8O*EE6 the article e$pressly ma@es applicable by analogy the rules on sales of the same thing to two or more different endees
ART! HBG )Y 90O3 A((EPTA*(E &6 3A8E a alid donation once accepted becomes irre ocable e$cept on such grounds pro ided by law such as inofficiousness+ failure of the donee to comply with charges imposed in the donations or by reason of ingratitude
note1 the subse"uent incapacity of the donor does not affect the alidity of the donation# - this is similar to the rule in succession ART! H/L (APA(&TY O= T0E 8O*EE a donee need not be sui juris+ with complete legal capacity to bind himself by contract# as long as he is not specially dis"ualified by law+ he may accept donations
ART! HB< 90E* A((EPTA*(E &6 3A8E ,! during lifetime of donor and donee - donation inter i os1 - e en if donation is made during their lifetime+ but the donor dies before the acceptance is communicated to him+ the donation is not perfected# after death of donor - doantion mortis causa1 - if the acceptance was made before the donor5s death+ the donation mortis causa+ although alidly e$ecuted+ cannot be gi en force and effect+ such acceptance is oid
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ART! H/J 8O*AT&O*6 >O&8 O* 3ORA' 4RO%*86 the article is based on consideraitons of morality and public policy# the prohibitions mentioned in the article apply to testamentary pro isions and to life insurance
ART! HBH 8%TY O= PER6O* 90O A((EPT6 &* REPRE6E*TAT&O* O= T0E 8O*EE Kre"uisites1 ,! acceptence is made through the parents+ legal representati e+ or authori:ed agent of the donee# .! the property donated is immo able# /! the acceptance is not made in the same deed of donation but in as separate public instrument the re"uirement of notification of the donor and notation in both instruments that such notification has been made is necessary for the alidity and perfection of the donation
ART! HBC &*(APA(&TY TO 6%((EE8 A 9&'' the article e$pressly ma@es the pro isions on incapacity to succeed by will applicable to donations inter i os# they are also applicable to donations mortis causa which are go erned by the law on succession# since donations and wills are both gratuitous+ the same reason for the incapacity e$ists for both cases
ART! HBL =OR3A'&T&E6 =OR 8O*AT&O* O= 3O>A)'E6
+Krules1 ,! alue of property e$ceeds PG+CCC1 - the donation and the acceptance must always be made in writing# - the donation and the acceptance need not be made in a public instrument# - nor is it necessary that the acceptance be made in the same deed of donation .! alue of property is PG+ CCC or less1 it may be made orally or in writing# if made orally+ there must be simultaneous deli ery of the thing or of the document representing the thing donated# - if made in writing+ the donation is alid although there is no simultaneous deli ery -
CIVIL LAW REVIEWER

arts! L.+ L/+ LB and LG =amily (ode
ART! HG, 8O*AT&O* O= =%T%RE PROPERTY PRO0&)&TE8 Dfuture propertyE refers to anything which the donor cannot dispose of at the time of the donation# the prohibition is based on the principle of law that nobody can dispose of that which does not belong to him
ART! HG. A3O%*T O= 8O*AT&O*+ '&3&TE8 TO 90AT 8O*OR 3AY 4&>E )Y 9&'' the article ma@es applicable to donations the limitation on testamentary dispostion with respect to the amount thereof# the pro ision means that a person may not donate more than he can gi e by will and a person may not recei e by way of donation more than what the donor is allowed by law to gi e by will# otherwise the donation shall be inofficious and shall be reduced with regard tothe e$cess# the limitation applies when the donor has forced or compulsary heirs# but the limitation is enforceable only after the death of the donor because it is only then when it can be determined whether or not the donation is inofficious# therefore+ the donation is alid during the lifetime of the donor
ART! HBJ =OR3A'&T&E6 =OR 8O*AT&O* O= &33O>A)'E6 the article does not apply to onerous donations which are go erned by the rules on obligations and contracts# the pro ision applies where the donation imposes upon the donee a burden which is less than the alue of the thing gi en because it re"uires that the public document must specify the alue of the charges that the donee must satisfy -
,!
rules1 donation and acceptance are in the same instrument - re"uirements1 a! must be in a public instrument or document# b! the instrument must specify the property donated and the charges+ if any+ which the donee must satisfy donation and acceptance are in separate instruments - re"uirements1 a! must be in a public instrument or document# b! the instrument must specify the property donated and the charges+ if any+ which the donee must satisfy# c! the acceptance by the donee must be in a public document# d! it must be done during the lifetime of the donor# e! the donor must be notified in authentic form of the acceptance of the donation in a separate instrument# f! the fact that such notification has been made must be noted in both instruments
ART! HG/ 8O*AT&O* TO 6E>ERA' 8O*EE6 FO&*T'Y Krules1 ,! the donation is understood to be in e"ual shares# .! there shall be no right of accretion among the donees unless the donor has otherwise pro ided# /! if the donees are husband and wife+ there shall be a right of accretion+ if the contrary has not been pro ided by the donor# ART! HGB R&40T6 A*8 A(T&O*6 Krules1 ,! the donee is subrogated to all the rights and actions which in case of e iction would pertain to the donor# .! if the donation is simple or remunerati e+ the donor is not liable for e iction or hidden defects+ because the donation is gratuitous# /! e en if the donation is simple or remunerati e+ the donor is liable for e iction or hidden defects in case of bad faith on his part# B! if the donation is onerous+ the donor is liable on his warranty but only to the e$tent of the burden ART! HGG 8O*AT&O* 9&T0 R&40T TO 8&6PO6E O= PART O= O)FE(T 8O*ATE8+ RE6ER>E8 the donor may reser e the right to dispose of some of the things or part of the thing donated or some amount or income thereof# the donation is actually conditional+ and the condition is fulfilled if the donor dies without e$ercising the right he reser ed+ either by acts inter i os or mortis causa
.!
!HAP&*, 2 *FF*!& $F >$9A& $9S A9> " # &A& $9S &H*,*$9 ART! HGC RE6ER>AT&O* O= 6%==&(&E*T 3EA*6 =OR 6%PPORT O= 8O*OR A*8 RE'AT&>E6 a donor may donate all his present property or part threof pro ided he reser es sufficient property in ownership or in usufruct for the support of himself and of all relati es who are entitled to be supported by him at the time of the perfection of the donation# Dpresent propertyE means property which the donor can rightfully dispose at the time of the donation
ART! HGH 8O*AT&O* 9&T0 PRO>&6&O* =OR RE>ER6&O* the donor may pro ide for re ersion+ whereby the property donated shall Dgo bac@E to the donor or some other person# a re ersion in fa or of the donor may be alidly established Dfor any case and circumstancesE#
note1 consider art! HGJ# - art! HG.#
+.
if the re ision is in fa or of other persons+ such other persons must be Dli ing at the time of the donationE -
CIVIL LAW REVIEWER

ART! HGL '&A)&'&TY O= 8O*EE TO PAY 8E)T6 O= 8O*OR ,! rules1 where donor imposes obligation upon the donee1 - this is go erned by art! HGL# - the donee is liable to pay only debts pre iously contracted# - he is liable for subse"uent debts only when there is a stipulation to that effect# - he is not liable for debts in e$cess of the alue of the donation recei ed+ unless the contrary is intended where there is no stipulation regarding the payment of debts1 - this is dealt with in art! HGJ# - the donee is generally not liable to pay the donor5s debts# - he is responsible therefor only if the donation has been made in fraud of creditors which is always presumed when+ at the time of the donation+ the donor has not left sufficient assets to pay his debts# - he is not liable beyond the alue of the donation recei ed C. -
the amount subject to re ocation or reduction is the e$cess o er the portion that may be freely diposed of by will# the basis of re ocation or reduction is the alue of the whole estate of the donor at the time of the birth+ appearance or adoption of a child+ and not at the time of the death of the donor as in the case of inofficious donations under art! HH, in case of inofficious donations: what is sought to be protected by the article is only the prospecti e or presumpti e legitime of the child because that is the only portion which cannot be disposed of# if the donation does not e$ceed the free portion at the time of the birth+ appearance+ or adoption+ there will be no re ocation or reduction but it may still be reduced under art! HH, if it cannot be co ered by the free portion computed as of the time of the donor5s death
.!
ART! H<. O)'&4AT&O* O= 8O*EE %PO* RE>O(AT&O* OR RE8%(T&O* ,! a! b! c! d! .! dependent upon the situation of property donated1 if the property affected is still in his possession+ he must return the same# if he has sold the property+ he must gi e its alue# if the property has been mortgaged by him+ and the donor redeemed the mortgage+ he must reimburse the donor# if the property cannot be returned+ as when it has been lost or destroyed+ he must return its alue at the time of the donation determination of alue at the time of donation - it is presumed that the price at which the property is sold is its alue# - if the price is less than its actual alue+ the donee is not liable for the difference absent proof of bad faith# - when the property cannot be returned+ its alue shall be determined not as of the time of loss but as of the time of the donation because the donee became owner from the latter time and as owner he must suffer the loss or diminution+ or enjoy the increase in alue of the property donated
!HAP&*, 3 ,*8$!A& $9 A9> ,*><!& $9 $F >$9A& $9S ART! H<C 4RO%*86 =OR RE>O(AT&O* A*8 RE8%(T&O* O= 8O*AT&O* ,! re ocation1 - affects the whole donation and is allowed during the lifetime of the donor# - grounds1 a! birth+ appearance+ or adoption of a child# b! non - fulfillment of a resolutory condition imposed by the donor# c! ingratitude of the donee reduction1 - generally affects a portion only of the donation and is allowed during the lifetime of the donor or after his death# - grounds1 a! failure of the donor to reser e sufficient means for support of himself or dependent relati es# b! failure of the donor to reser e sufficient property to pay off his e$isting debts# c! inofficiousness+ that is+ the donation e$ceeds that which the donor can gi e by will# ART! H<, E2TE*T A*8 )A6&6 O= RE>O(AT&O* OR RE8%(T&O* ,! birth, appearance, or adoption of a child1
ART! H</ PRE6(R&PT&O* O= A(T&O* =OR RE>O(AT&O* OR RE8%(T&O* the donation is re o@ed ipso jure by operation of law+ Dby the happeningE of any of the e ents mentioned in article H<C# the period to bring an action is four years+ and the day from which the period shall begin to run depends upon the cause for the re ocation or reduction# if the donor dies within the period of prescription+ the action is transmitted to his legitimate and illegitimate children and descendants# the sur i ing spouse and the ascendants of the donor are not included
.!
if subse"uent to the donation+ more than one child was born+ the period of prescription is counted from the birth of the first child# with respect to legitimation+ the period of prescription must be counted from the time of the legitimation (from the celebration of the subse"uent marriage+ whether or not the child is recogni:ed by the parents)# with respect to adopted children+ the period of prescription runs from the date the judgment of the court appro ing the adoption becomes final# with respect to judicial declaration of filiation+ the period of prescription must run from the date when the judgment declaring filiation becomes final# as to receipt of information of e$istence of child belie ed dead+ the prescripti e period is to be computed not from the actual
+/
appearance of the absent child but from the time the information was recei ed regarding its e$istence# in case more than one cause or ground for re ocation or reduction concur+ the period of prescription must run from the earliest cause -
CIVIL LAW REVIEWER

the act of ingratitude must ha e been committed by the donee himself because the duty of ingratitude is personal
ART! H<< in relation to ART! H<H E==E(T O= RE>O(AT&O* O* PR&OR A'&E*AT&O*6 A*8 3+ORT4A4E6 in case of re ocation of a donation by non - compliance by the donee with any of the conditions imposed by the donor+ alienations and mortgages made by the donee are oid+ subject only to the rights of innocent third persons# if the re ocation is by reason of ingratitude+ the alienations and mortgages made by the donee before the complaint for re ocation is annotated in the Registry of Property shall subsist or are alid+ later alienations and mortgages shall be oid#
ART! H<B =A&'%RE TO (O3P'Y 9&T0 (O*8&T&O*6 D conditionsE actually refers to the obligations+ charges+ or burdens imposed by the donor for his benefit or that of a third person# what is contemplated is an onerous or modal donation# it may also refer to a resolutory condition+ but not to a suspensi e condition because if the condition is not fulfilled+ the donation ne er becomes effecti e# re ocation implies that there is an e$isting donation# the condition must be fulfilled within the period fi$ed by the donor# if the donation does not fi$ a period+ the court shall determine such period as may under the circumstances ha e been probably contemplated by the donor# in case of non7 fulfillment+ the property donated re erts to the donor# failure of the donee to comply with any condition imposed by the donor will not affect third persons# in case of non - fulfillment by the donee of any of the conditions imposed by the donor+ the donation shall be re o@ed at the instance of the donor# the donor may file action for specific performance# the article is not applicable to onerous donations which are also go erned by the general rules on prescription (see art! H//)# the presumption is that the donee has complied with his obligation under the deed of donation# donor has the burden of proof that the donee failed to comply with his obligation# unli@e the action for re ocation or reduction+ there is no prohibition in art! H<B against the renunciation of the action by the donor because the condition is purely contractual in nature# the action may be wai ed# the death of the donor or the donee does not bar the action to re o@e for failure of the donee to comply with any of the conditions imposed by the donor+ pro ided the prescripti e period has not yet e$pired# unli@e the action under arts! H<J and HHC+ the action under art! H<B is transmissible in fa or of the donor5s heirs and against the donee5s heirs because the right granted is not personal to the donor nor is the liability of the donee personal to him
ART! H<L RET%R* *Y 8O*EE O= T0E =R%&T6 OR PROPERTY 8O*ATE8 rules depend upon the causes of re ocation or reduction1 ,! if the cause is the birth+ appearance+ or adoption of a child or ingratitude+ or inofficiousness of the donation because the donor did not reser e sufficient means for support+ or he donated more than he can gi e by will+ only the fruits accruing from the filing of the complaint need be returned# - from this it can be implied that the donation remains alid up to the time of the filing of the compalint# if the cause is the non - fulfillment of the condition imposed in the donation+ the fruits must be returned from the time of the breach of the condition# - the donee shall return the property donated
.!
ART! H<J RE*%*(&AT&O* A*8 PRE6(R&PT&>E PER&O8 O= A(T&O* )Y REA6O* O= &*4RAT&T%8E ,! the action granted to the donor for re ocation by reason of ingratitude cannot be renounced in ad ance# - what the law prohibits is wai er+ prior to the commission of the act of ingratitude# - a past ingratitude can be the subject of a alid renunciation because the renunciation can be considered as an act of magnanimity on the part of the donor the action prescribes within one year from the time the donor had @nowledge of the act of ingratitude and it was impossible for him to bring the action# - in case of a fortuitous e ent+ the period during which such impossibility e$isted is not counted
.!
ART! HHC TRA*63&66&O* O= A(T&O* =OR RE>O(AT&O* Kgeneral rule1 - the action to re o@e a donation by reason of ingratitude is purely personal to the donor and cannot+ as a rule+ be transmitted to the heirs# Ke$ceptions1 - if the donee @illed the donor+ the latter5s heirs can as@ for re ocation# - the heirs may also do so if the donor dies without ha ing @nown of the act of ingratitude# - if a criminal case against the donee was instituted by the donor+ but the donor dies before he could bring the ci il action for re ocation+ his heirs may li@ewise bring action because in such case+ the intent of the donor not to pardon the donee is "uite clear#
ART! H<G RE>O(AT&O* )Y REA6O* O= &*4RAT&T%8E O= T0E 8O*EE the article does not apply to donations mortis causa and onerous donations# a donation propter nuptias may be re o@ed by the donor when the donee has committed an act of ingratitude# the enumeration is e$clusi e and cannot be enlarged#
+0
if the action for re ocation has already been filed by the donor before his death+ his heirs are "llowed to continue the same d!
CIVIL LAW REVIEWER

liability for fruits1 the donee shall return the fruits which he may ha e recei ed after ha ing failed to fulfill the condition (art! H<L par!.)# based on act of ingratitude (art! H<G) time of action1 one year (art! H<J)# transmissibility of action1 the action is not transmitted to the heirs of the donor nor can the action be filed against the heirs of the donee (art! HHC)# effect of re ocation1 property donated shall be returned but alienations and mortgages effected before the notation of the complaint for re ocation in the Registry of Property shall subsist# liability for fruits1 same as no! ,+ (d) RE6%3E O= R%'E6 O* RE8%(T&O* based on failure of the donor to reser e sufficient means for support (art! HGC) time of action1 the action may be brought at any time by the donor or by the relati es entitled to support during the lifetime of the donor# transmissibility of action1 action not transmissible as the duty to gi e support and the right to recei e are personal in nature (art! ,JG =amily (ode)# effect of reduction1 donation is reduced to the e$tent necessary to pro ide support (art! HGC)# right to fruits1 the donee is entitled to the fruits of the owner of the property donated (art! BB,)# based on inofficiousness for being in e$cess of what the donor can gi e by will (art! HGC+ HH,) time of action1 G years ( arts! HH,+ ,,BJ)# transmissibility of action1 action is transmitted to the donor5s heirs as the donation shall be reduced as regard the e$cess at the time of the donor5s death# effect of reduction1 donation ta@es effect during the lifetime of the donor subject to reduction only upon his death with regard to the e$cess# right to fruits1 the donee appropriates the fruits as owner of the property (art!BB,)# based on birth+ appearance+ or adoption of a child (art! H<C) time of action1 same as no! , (a)# transmissibility of the action1 same as no! , (b)# effect of reduction1 same as no! , (c)# liability for ?right to fruits1 the donee+as owner+ appropriates the fruits of the property not affected by the reduction(art! BB,) but with regard to the e$cess+ he shall be liable only for the fruits accruing from the filing of the complaint (art! H<L+ par! ,)#
note1 the heirs of the donee are not held responsible for the acts of their predecessor - donee# - the act of ingratitude of the donee is personal# - but if the donor has already filed the complaint before the donee5s death+ the suit may be continued against his heirs
/! a! b! c! d!
ART! HH, RE8%(T&O* O= &*O==&(&O%6 8O*AT&O*6 the action to reduce the inofficious donation must be brought withing fi e years from the time the right of action accrues
,! a! b! c! d! .! a! b! c! d!
ART! HH. PER6O*6 E*T&T'E8 TO A6A =OR RE8%(T&O* donor not included because the inofficiousness can only be determined after his death# the right to as@ for reduction of inofficious donations cannot be renounced during the lifetime of the donor+ either by e$press declaration or by consenting to thet donation# future legitime is not subject to renunciation
ART! HH/ RE8%(T&O* 90ERE T0ERE ARE T9O OR 3ORE 8O*AT&O*6 ,! the subse"uent donations shall first be reduced and only if they are not sufficient to co er the disposable portion should the earlier ones be reduced also with regard to the e$cess# if the two donations were perfected at the same time+ the reduction should be proportionate unless otherwise pro ided by the donor
.!
KRE6%3E O= R%'E6 O* RE>O(AT&O* ,! a! b! c! based on birth+ appearance+ or adoption of a child (art! H<C)1 time of action1 B years (art! H</ par!,)# transmissibility of action1 transmitted to children and descendants of the donor upon his death (art! H</+ par!.)# effect of re ocation1 property affected shall be returned+ or its alue if the donee has sold the same+ or the donor may redeem the mortgage on the property+ with a right to reco er the property# (arts! H<. pars! , Q .)# liability for fruits1 donee shall return the fruits accruing from the filing of the complaint ( art! H<L par! ,)# based on non-compliance with condition or conditons (Art! H<B)1 time of action1 B years Jart! H<B last par)# transmissibility of action1 the action may be transmitted to the donor5s heirs and may be e$ercised against the donee5s heirs# effect of re ocation1 property donated shall be returned to the donor and the alienations and mortgages are oid subject to the rights of innocent third persons (art! H<B par!.)#
/! a! b! c! d!
B! a! b!
d! .! a! b! c!
based on fraud against creditors (art! HGJ) time of action1 B years (art! ,/LJ)# transmissibility ofaction1 action is transmitted to the creditor5s heirs or successors - in -interest (art! ,,HL)# c! effect of reduction1 the property affected shall be returned by the donee for the benefit of the creditor subject to the rights of innocent third persons# d! liability for fruits and damages1 the fruits of the property affected shall also be returned# 7 in case the donee acted in bad faith and it should be impossible for him to return the property affected due to any cause+ he shall indemnify the donor+s creditor for damages suffered by the latter

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9.%. ,egalian >octrine

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State of necessity pre0ails o0er the principle of selfE help.

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!:!*T"!#T )UIT: a! (an be brought by anyone of the co-owners!

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&I22!R!#T )T%RI!) %2 A %U)! $!0%#(I#( T% &I22!R!#T %8#!R)

&he abo0e for( of o6nership (ust be distinguished fro( a condo(iniu(.

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ART!G// A(P%&6&T&O* 6%((E66&O* -

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ART!GG/ &3PRO>E3E*T6 90&(0 0A>E (EA6E8 TO E2&6T

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where the sale is sanctioned by statutory or judicial authority

CIVIL LAW REVIEWER

art! G</# arts! G<< - <,.

!HAP&*, C , GH&S $F &H* <S<F,<!&<A,Y ART!G<< R&40T6 O= T0E %6%=R%(T%ARY

ART! G<G R%'E6 4O>ER*&*4 %6%=R%(T

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note1 the rights of third persons are protected

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ART! GLC R&40T TO 6ET - O== &3PRO>E3E*T6

on the rights of the usufructuary1

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ART! GJC '&A)&'&TY =OR 6%)6T&T%TE

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a usufruct is not e$tinguished by bad use of the thing in usufruct

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ART! <.J O)'&4AT&O* 6ER>&T%8E -

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he must pay the increased cost of preser ation of the wall

ART! <<. (O*TR&)%T&O* TO (O6T O= (O*6TR%(T&O* O= PARTY 9A''6

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& &"* 8 9< SA9!* ART! <JB (O*(EPT O= *%&6A*(E

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!HAP&, C , GH&S $F &H <S<F,<!&<A,Y ART!G<< R&40T6 O= T0E %6%=R%(T%ARY

ART! G<G R%'E6 4O>ER&4 %6%=R%(T

ART! <<. (OTR&)%T&O TO (O6T O= (O6TR%(T&O O= PARTY 9A''6

& &"* 8 9< SA9!* ART! <JB (O(EPT O= %&6A*(E

!HAP&, C P,S$9S ;H$ #AY G 8* $, ,! 8* A >$9A& $9 ART! H/G

ART! HBL =OR3A'&T&E6 =OR 8OAT&O O= 3O>A)'E6