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When is a donation perfected?

Donation is perfected from the moment the donor knows of the acceptance by the donee (Art. 734, NCC).

What are the requisites of donation?


1. Donor must have Capacity to make the donation 2. He must have donative Intent (animus donandi) 3. There must be Delivery 4. Donee must Accept or consent to the donation during the lifetime of the donor and of the donee in case of donation inter vivos (Art. 746, NCC); whereas in case of donation mortis causa, acceptance is made after donors death because they partake of a will (Art. 728, NCC)

Up to what extent may a donation cover?


It may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be supported by the donor. (Art. 750, NCC)

Can future properties be subject of donation?


No, donations cannot comprehend future properties

Note: Future property means anything which the donor cannot dispose of at the time of the donation. (Art. 751, NCC)

What is the formalities required for donation of real and personal properties?

1. Of movable property:
a. With simultaneous delivery of property donated: i. for P 5,000 or less - may be oral/written ii. for more than P 5,000 written in public or private document

b. Without simultaneous delivery: The donation and acceptance must be written in a public or private instrument (Statute of Frauds), regardless of value. Otherwise, donation is unenforceable

2. Of immovable property:
a. Must be in a public instrument specifying i. the property donated and ii. the burdens assumed by the donee b. Acceptance may be made: i. In the same instrument or ii. In another public instrument, notified to the donor in authentic form, and noted in both deeds. Otherwise, donation is void.

What is the status of an inofficious donation?


During the lifetime of the donor, the inofficious donation is effective since the excessiveness of the donation can only be determined after the donors death. Note: Consequently, the donee is entitled to the fruits of the property donated during the lifetime of the donor (Art. 771, Pineda Property, p. 599, 1999 ed)

What are the grounds for revocation of donation?


1. Under Art. 760 a. Birth of a donors child or children (legitimate, legitimated, or illegitimate) after the donation, even though born after his death. b. Appearance of a donors child who is missing and thought to be dead by the donor c. Subsequent adoption by the donor of a minor child. 2. Under Art. 764 When the donee fails to comply with any of the conditions which the donor imposed upon the donee.

3. Under Art. 765 by reason of ingratitude a. If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority b. If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or act has been committed against the donee himself, his wife or children under his authority c. If he unduly refuses him support when the donee is legally or morally bound to give support to the donor Note: Once a donation is perfected, it cannot be revoked without the consent of the donee except on grounds provided by law (Arts. 760, 764, 765, NCC).

What is easement of light (jus luminum)?


The right to admit light from neighboring estate by virtue of the opening of a window or the making of certain openings.

What is easement of view (jus prospectus)?


The right to make openings or windows to enjoy the view thru the estate of another and the power to prevent all constructions or works which could obstruct such view or make the same difficult. Note: It necessarily includes easement of light.

What is the prescriptive period for acquisition of easement of light and view?
10 years.

From when does the prescriptive period start to run?

The reckoning point depends on whether the easement is positive or negative which, in turn, is dependent on where the opening is made if it is made: 1. On ones own wall and the wall does not extend over the property of another The easement is negative. Commencement of Period of prescription-starts from the time formal prohibition is made. Reason: The owner merely exercises his right of dominion and not of an easement. Negative easement is not automatically vested as formal prohibition is a pre-requisite. 2. Thru a party wall or on ones own wall which extends over the neighboring estate The easement is positive. Commencment of Period of prescription starts from the time the window is opened. Reason: owner of the neighboring estate who has a right to close it up allows an encumbrance on his property.

What are the requisites for easement on right of way?


1. The easement must be established at the point least Prejudicial to the servient estate 2. Claimant must be an Owner of enclosed immovable or with real right 3. There must be no adequate Outlet to a public highway 4. The right of way must be absolutely Necessary not mere convenience 5. The isolation must not be Due to the claimants own act 6. There must be payment of proper Indemnity.

Can easement of right of way be acquired by prescription?


No, because it is discontinuous or intermittent (Ronquillo, et al. vs. Roco, GR No. L-10619, Feb. 28, 1958).

What if the property is not the shortest way and will not cause the least damage to the servient estate?
The way which will cause the least damage should be used even if it will not be the shortest. The easement of right of way shall be established at the point least prejudicial to the servient estate and

where the distance from the dominant estate to a public highway is the shortest. In case of conflict, the criterion of least prejudice prevails over the criterion of shortest distance.

What are the rights of the usufructuary as to the thing and its fruits?
1. To Receive the fruits of the property in usufruct and half of the hidden treasure he accidentally finds on the property (Arts. 566, 438, NCC) 2. To enjoy any Increase which the thing in usufruct may acquire through accession (Art. 571, NCC) 3. To personally Enjoy the thing or lease it to another (Arts. 572-577, NCC) generally for the same or shorter period as the usufruct 4. To make such Improvements or expenses on the property he may deem proper and to remove the improvements provided no damage is caused to the property (Art. 579, NCC) 5. To Set-off the improvements he may have made on the property against any damage to the same (Art. 580, NCC) 6. To Retain the thing until he is reimbursed for advances for extraordinary expenses and taxes on the capital (Art. 612, NCC) 7. To Collect reimbursements from the owner for indispensable extra ordinary repairs, taxes on the capital he advanced, and damages caused to him 8. To Remove improvements made by him if the same will not injure the property

What are the rights of the usufructuary as to the usufruct itself?


a. To Alienate or mortgage the right of usufruct (Art. 572, NCC) XPN: parental usufruct (Arts. 225, 226 FC) b. In a usufruct to Recover property/real right, to bring the action and to oblige the owner thereof to give him the proper authority and the necessary proof to bring the action (Art. 578, NCC) c. In a usufruct of part of a Common property, to exercise all the rights pertaining to the co-owner with respect to the administration and collection of fruits or interests.

EXTINCTION/TERMINATION OF USUFRUCT
How is usufruct extinguished?
1. Acquisitive Prescription Note: the use by a third person and not the non-use by the usufructuary 2. Total Loss of the thing Note: if the loss is only partial, the usufruct continues with the remaining part. 3. Death of the usufructuary; unless a contrary intention appears. Reason: Usufruct is constituted essentially as a lifetime benefit for the usufructuary or in consideration of his person. 4. Termination of right of the person constituting the usufruct 5. Expiration of the period or fulfillment of the resolutory condition 6. Renunciation by the usufructuary. Note: it partakes the nature of a condonation or donation, it must comply with the forms of donation. 7. Merger of the usufruct and ownership in the same person who becomes the absolute owner thereof. (Art. 1275, NCC)

WHAT HAPPENS WHEN A COOWNER SELLS THE WHOLE PROPERTY AS HIS?


The sale will affect only his own share but not those of the other co-owners who did not consent to the sale. Note: A sale of the entire property by one co-owner without the consent of the other co-owners is not null and void but affects only his undivided share and the transferee gets only what would correspond to his grantor in the partition of the thing owned in common (Paulmitan vs. CA, GR No. 51584, Nov. 25, 1992.)

RIGHT TO CONTRIBUTIONS FOR EXPENSES


What are the expenses which the co-owners can be compelled to contribute?
Only necessary expenses. Useful expenses and those for pure luxury are not included.

What are those acts which require the majority consent of the coowners?
a. Management b. Enjoyment c. Improvement or embellishment

What is the remedy in case the minority opposes the decision of the majority in co-ownership?
Minority may appeal to the court against the majoritys decision if the same is seriously prejudicial.