PROPERTY

RIGHT OF ACCESSION
- The right by virtue of which the owner of a thing becomes the owner of everything that it may
produce or which may be inseparably united or incorporated thereto either naturally or artificially.
(440)
TWO KINDS OF ACCESSION
1. Accession Discreta - refers to the right over the fruits or products of a thing.
2. Accession Continua- accession things which have been incorporated or attached to a thing.
ACCESSION DISCRETA
General rule The owner of the land owns the fruits.
E!ce"tions #$%&A'
1. $ossessor in Good aith of the land.
!. %sufructuary
". &essee gets the fruits of the land
4. Antichretic creditor. ruits apply to interest first if owing and then to principal.
NAT%RA& FR%ITS- spontaneous products of the soil and the young of animals
IND%STRIA& FR%ITS- those produced by lands of any #ind through cultivation or labor
CI(I& FR%ITS- rents of buildings$ the price of lease of lands and other property and the amount of
perpetual or life annuities or other similar income. #))1*))2'
$RINCI$&ES ON ACCESSION CONTIN%A #GONE +AD'
1. %e who is in Goo, Fait- may be held responsible but will not be penali&ed.
!. To the o.ner of a thing belongs the e'tension or increase of such thing.
". (ad faith of one party neutrali/es the bad faith of the other.
4. There should be no un)ust enric-0ent at the e'pense of others.
*. +a, Fait- involves liability for damages.
+. Accessor1 follows the principal.
,. -ccession e'ists only if the incorporation is such that separation would either seriously ,a0a2e
the thing or diminish its value.
Art. ))3. O4li2ation o5 reci"ient o5 5ruits to rei04urse necessar1 e!"enses o5 3
r,
"erson.
O+&IGATIONS
1. Gat-ere, Fruits
$lanter O.ner
$lanter in GF .eeps fruits /o necessity to reimburse the
planter of e'penses since he
retains the fruits
$lanter in +F 0eimbursed for e'penses for
production$ gathering 1
preservation
Gets ruits$ pay planter
e'penses
2. Stan,in2 Cro"s
$lanter O.ner
$lanter in GF 0eimbursed for e'penses for
production$ gathering 1
preservation
2wns fruits provided he pays
planter e'penses (forced co-
ownership)
$lanter in +F 3oses 4verything$ /o right to
be reimbursed
2wns ruits
1
PROPERTY
Art. ))). W-en Natural Fruits an, In,ustrial Fruits Dee0e, to E!ist.
When Male and Female belong to different owners, who own the offspring?
5nder the 6artidas$ the owner of the female was considered to be the owner of the young
unless there is a contrary custom or speculation. The legal presumption$ in the absence of proof to
the contary$ is that the calf$ as well as its mother belong to the owner of the latter$ by the right of
accretion. #%S 6s. Ca4allero'. This is also in accord with the ma'im 7pratus se8uitor ventrem9(The
offspring follows the mother)
))7-)78. RIGHT OF ACCESSION WITH RES$ECT TO I99O(A+&E $RO$ERT:.
Art. ))8-I0"ro6e0ents "resu0e, 0a,e 41 o.ner.
Art. ));-Ta4le A
Art. ))<-Ta4le +
Art. ))=-+$S in 4a, 5ait-
Art. )7>-Alternati6e Ri2-ts o5 o.ner o5 t-e lan, .-ere +$S in +F
Art. )71-Entitle0ent to Da0a2es
Art. )72- Ri2-t to Rei04urse0ent 5or necessar1 e!"enses
Art. )73- +ot- &O an, +$S in +F
Art. )7)- A""lica4ilit1 o5 )); .-en &O in +F an, +$S in GF
Art. )77- &O? +$S an, O9 ,i55erent "ersons
Art. )78- GF 0a1 co-e!ist .it- ne2li2ence
A. R%&ES WHEN &AND OWNER #&O' CONSTR%CTS OR $&ANTS ON HIS &AND WITH
9ATERIA&S OF ANOTHER #O9'. #));'
1. &O an, O9 in Goo, Fait-@ or &O an, O9 in +a, Fait-
&O O9
(ecomes owner of the materials but must pay
for their value.
EACE$TION :hen they can be removed
without destruction to the wor# made or to the
plants$ in such case the owner of material may
removed them.
1. 4ntitled to reimbursement provided he does
not remove them; Or
!. 4ntitled to removal provided there is no
substantial in)ury
2. &O in +a, Fait-@ O9 in Goo, Fait-
&O O9
(ecomes owner of the materials but must pay
for their value plus damages.
EACE$TION :hen 2wner of the <aterials
decides to remove them whether or not
destruction would be caused. (-bsolute
0emoval). 2wner of <aterials would still be
entitled to damages
1. 4ntitled to -(=235T4 0>G%T 2
04<2?-3 plus damages 20
!. 4ntitled to reimbursement plus damages in
case he chooses not to remove
2
PROPERTY
3. &O in Goo, Fait-@ O9 in +a, Fait-
&O O9
4'empted from 0eimbursement and entitled to
damages
/o 0ight@
+. R%&ES WHEN A 3
RD
$ERSON +%I&DS? SOWS OR $&ANTS #+$S' ON &ANDOWNERBS #&O'
&AND. #))<'
EAA9$&E A HO%SE WAS +%I&T ON THE &AND.
1. &O an, +$S in Goo, Fait-@ or &O an, +$S in +a, Fait-
&O +$S
%as a choice either toA
1. -ppropriate house after payment of
indemnity 20
!. Bompel the builder to buy the land upon
which the building was built$ unless the value
of the land be considerably more than the
value of the houseCin such case builder pays
rent. >f builder pays$ he has no right of
retention and 32 is entitled to remove
improvement.
1. 0ight to payment of indemnityA
a. /ecessary 4'penses$ 0ight of retention until
reimbursed.
b. 5seful 4'penses$ 0ight of retention
!. <ay remove the ornaments with which he
has embellished the principal thing if it suffers
no in)ury thereby$ and if his successor in
possession does not prefer to refund the
amount e'pended.
2. &O in Goo, Fait-@ +$S in +a, Fait-
&O +$S
1. Gets the accessory without paying any
indemnity$ but must pay necessary e'penses
for preservation of the land. 32 is entitled to
damages.
!. Demand demolition of the wor#$ or that the
planting or sowing be removed at the (6=Es
e'pense 635= damages
". Bompel the (6= to pay the price of the
land$ and the sower the proper rent whether or
not the value of the land is considerably more
than the value of the house 635= damages.
1. 3oses what is built$ planted or sown without
right to indemnity.
!. 3iability for damages
".4ntitled to reimbursement for necessary
e'penses of preservation of land
3
PROPERTY
3. &O in +a, Fait-@ +$S in Goo, Fait-
&O +$S
(ecomes owner of the materials but must pay
for their value plus damages.
EACE$TION :hen 2wner of the <aterials
decides to remove them whether or not
destruction would be caused. (-bsolute
0emoval). 2wner of <aterials would still be
entitled to damages
1. 4ntitled to -(=235T4 0>G%T 2
04<2?-3 plus damages 20
!. 4ntitled to reimbursement plus damages (in
case he chooses not to remove)
Re0e,ies i5 o"tion e!ercise, 41 t-e &an,o.ner .as co0"ulsor1 sellin2 an, +uil,er 5ails to
"a1
1. 3eave things as they are and assume relation of lessor and lessee; pay rents
!. Demolish what has been built$ sown or planted. #I2nacio 6s. Hilario'
". Bonsider price of land as an ordinary money debt of the builder. Therefore he may enforce
payment thru an ordinary action for recovery of a money debt (levy and e'ecution).
ART. ))< #3
RD
$ERSON $&ANTS? +%I&DS? SOWS' DOES NOT A$$&: WHEN
1. The (6= does not claim ownership over the land but possesses it as mere holder$ agent$
usufructuary or tenant; he #nows that the land is not his. #+alucane2 6s. Francisco'
Exception: if a tenant whose lease is about to e'pire$ nevertheless still sows$ not #nowing that
the crops will no longer belong to him.
!. The (6= is a co-owner$ even if later on$ during the partition$ the portion of the land used is
awarded to another co-owner.
". - person constructs a building on his own land$ and then sells the land but not the building to
another$ there could be no 8uestion of good faith or bad faith on the part of the builder . %e can be
compelled to remove the building. The new owner will thus not be re8uired to pay any indemnity for
the building. #Coleon2co 6s. Re2ala,o'
4. The builder is a belligerent occupant. (buildings use is temporary$ i.e. airfieldFcampsite)
CCC :hen 3andowner sells land to a "
rd
person who is in (ad faith$ the builder must go against him$
but when the "
rd
person paid the landowner$ the builder may still file a case against him but the "
rd
person may file a "
rd
party complaint against the landowner.
GGG 3andownerEs alternative right against a =2:40 is to demand proper rent.
GGG 44H applies only when (6= is in G.
Rule .-en t-ree "arties are in6ol6e, #&O? +$S an, O9'
1. 0ights of 32 and (6= the same as preceding tables.
!. 0ights of 2<A
a. (- 3oses all rights to be indemnified. %e can even be liable for conse8uential damages if the
materials are of inferior 8uality.
b. G- he is entitled to reimbursement from the builder principally since it was the builder who
first made use of the materials. >n case of insolvency on the part of the builder the 32 is
subsidiarily liable$ if he ma#es use of the materials.
4
PROPERTY
Rule .-en O9 an, +$S in +a, 5ait-@ &O in Goo, Fait-
1. -s between O9 and +$S$ good faith must govern. +$S must reimburse O9 but in case +$S
cannot pay &O will not be subsidiarily liable because as to him O9 is in (ad faith.
!. &O can as# damages from both$ moreoverA
a. %e may appropriate what has been built as his own$ without payment of any indemnity for
useful or necessary e'penses for the building but with indemnity for the necessary e'penses for
the preservation of the land.
b. Demand the demolition of the house at builderEs e'pense.
c. Bompel the builder to pay the price of the land whether the land is considerably more
valuable than the building or not.
Duris"ru,ence
1. Sar0iento 6s. A2ana- 7The landowner on which a building has been constructed in good
faith by another has the option to buy the building or sell his land to the builder$ he cannot refuse to
e'ercise their option and compel the builder to remove or demolish the improvement. -n order by a
court compelling a builder in good faith to remove his building from a land belonging to another
who chooses neither to pay for such building nor sell the land is null and void for being offensive to
-rt. 44H9
2. De"ra 6s. Du0lao- 72wner of the land on which an improvement was built by another in
good faith is entitled to removal of the improvement only after the landowner has opted to sell the
land and the builder refused to pay for the same. :here the landEs value is considerably more than
the improvement$ the landowner cannot compel the builder to buy the land. >n such event$ a forced
lease is created and the court shall fi' the terms thereof in case the parties disagree thereon.9
3. +allatan 6s. CA- 7The right to choose between appropriating the improvement or selling the
land is given to the owner of the land and not the court.9
4. $leasant6ille De6elo"0ent Cor"oration 6s. CA- 7- lot buyer who constructs improvements
on the wrong property erroneously delivered by the ownerEs agent$ honestly believing that the said
lot was what he brought from the seller$ is /2T guilty of negligence and his violation of the contract
of sale or instalment may not be the basis to negate the presumption of good faith as such violation
has no bearing on his state of mid at the time he built the improvements.9
7. $ecson 6s. CA- 76arties may agree that -rt. 44H and *4+ are applicable and indemnity for
the improvements may be paid although they differ as to the basis of the indemnity.9
8. 9anila Railroa, Co. 6s. $are,es- 7:hen <anila 0ailroad Bo. built its trac# on a land without
any opposition from the owner who merely stood by$ the owner was deemed to have waived his
right to recover possession of his property and the construction thereon. %is only remedy would be
to recover damages for the value of the property ta#en considering that the corporation merely
e'ercised its power of eminent domain as authori&ed by law.9
;. Nu2ui, 6s. CA- 72ffsetting necessary and useful e'penses with the fruits received by the
builder-possessor in good faith is not allowed.9
<. 9anotoE Realt1? Inc. 6s. Tecson- 7:here the improvements have been destroyed by a
fortuitous event without the fault of the landowner$ the basis for the builderEs right to retain the
premises is e'tinguished; hence there is no other recourse for him but to vacate the premises and
deliver the same to the landowner.9
=. Cala"an &u04er Co. 6s. Co00unit1 Sa.0ill Co.- 7The right of retention of a builder in
good faith until payment of the proper indemnity does not apply to property of public domain. The
builder may however be entitled to the cost of construction with interest upon securing
authori&ation of proper authorities or designate such road a toll road to raise the funds necessary
to reimburse the company.9
1>. 9en,o/a 6s. De2u/0an- 72nce the owner elects to appropriate the improvements$ the
(6= cannot e'actly be considered a possessor in good faith. %ence$ whatever fruits he receives
5
PROPERTY
during the pendency of retention must be deducted from whatever indemnity is due to him; and in
case it e'ceeds the value of the indemnity$ the e'cess shall be returned to the owner of the land.9
11. S"s. Del Oca0"o 6s. O4esia- 7- co-owner is not a "
rd
6erson with respect to the land
owned in common for it cannot be said that it e'clusively belongs to another but of which he is a
co-owner. %owever$ if the co-ownership is terminated by partition and it appears that the house of
the defendant (a former co-owner) overlaps or occupies a portion of the land pertaining to the
plaintiff (another former co-owner) which the defendant build in good faith$ then -rt. 44H should
apply even when there was a co-ownership.9
A&&%(I%9
- soil imperceptibly and gradually deposited on lands ad)oining the ban#s of rivers caused by the
current of water.
ACCRETION
- is the process whereby the soil is deposited
ESSENTIA& E&E9ENTS OF A&&%(I%9 #AGA'
1. 0esult of the ACTION of the waters of the river.
!. Deposit of soil and sediment be GRAD%A& and imperceptible.
". The land where accretion ta#es place is ADDACENT to the ban#s of river.
Riparian Owners- are owners of lands ad)oining the ban#s or rivers.
Littoral Owners- owners of lands bordering the shore of the sea or la#e or other tidal waves.
Duris"ru,ence
1. +inala1 6s. 9analo- 7- sudden and forceful action li#e that of flooding is not the alluvial
process contemplated under -rt. 4*,. >t is the slow and hardly perceptible accumulation of sould
deposits that the law grants to the riparian owner.9
2. I2nacio 6s. Director o5 &an,s- 7-rt. 4*, does not apply where the accretion is caused by
action of <anila (ay$ it being a part of the sea$ a mere indentation of the same. 5ntil a formal
declaration on the part of the government through the e'ecutive or legislative$ to the effect that
such lands are no longer needed for coast guard service$ for public use$ or for special industries$
they continue to be part of the public domain.9
3. Re"u4lic 6s CA- 73aguna de (ay is a la#e and that part around it which becomes covered
with water$ not due to tidal action$ but due to rain$ cannot be considered part of the bed or basin of
the bay nor as foreshore lands$ and therefore registrable under the Torrens =ystem.9
). (iaFar 6s. CA- 70egistration does not protect the riparian owner against diminution of the
area of his land thorugh gradual changes in the course of the ad)oining stream.9
7. Heirs o5 E. Na6arro 6s. IAC- 7-n alluvion$ although by mandate of -rt. 4*, is automatically
owned by the riparian owner from the moment the soil deposit can be seen$ does not automatically
become registered land$ )ust because the lot which receives such accretion is covered by a Torrens
title$ thereby ma#ing the alluvial property imprescriptible.9
8. Re1nante 6s.CA- 7-lluvial deposit ac8uired by a riparian owner of registered land by
accretion may be sub)ected to ac8uisition through prescription by a "
rd
person$ by failure of such
owner to register said accretion within the prescribed period.9
;. RonGuillo 6s. CA- 70ules on alluvion do not apply to man-made or artificial accretions to
lands that ad)oin canals or esteros or artificial drainage system.
Art. )7<- Estates a,Foinin2 "on,s or la2oons? o.ners ,o not acGuire lan, le5t ,r1.
A(%&SION
6
PROPERTY
- process whereby a portion of land is segregated from an estate by the current of a river$ cree# or
torrent and transferred to another estate. I4*JK
Ele0ents o5 A6ulsion
1. The segregation and transfer must be caused by the current of a river$ cree#$ or torrent.
!. =udden or -brupt
". 6ortion of 3and must be #nown or identifiable
GGG The former owner preserves his ownership of the segregated portion provided he removes (not
merely claims) the portion within ! years. I4*JK
Art. )8>. Trees u"roote, an, carrie, a.a1 41 t-e current 4elon2 to o.ner o5 lan, .-ic- t-e1
0a1 4e cast? i5 t-e o.ners ,o not clai0 t-e0 .it-in 8 0ont-s.
Art. )81. Ri6er 4e,s a4an,one, t-rou2- natural c-an2e in t-e course o5 t-e .aters.
ReGuisites o5 C-an2e o5 Ri6er +e,s
1. Bhange must be sudden in order that the old river bed may be identified.
!. The changing of the course must be more or less permanent and not temporary overflooding
anotherEs land.
". The change must be a natural one$ i.e. caused by natural forces.
4. There must be a definite abandonment by the government
*. The river must continue to e'ist that is$ it must not completely dry up or disappear.
Ri2-t o5 O.ner o5 &an, Occu"ie, 41 Ne. Ri6er Course
1. 0ight to old bed ipso facto in proportion to area lost.
!. 2wner of ad)oining land to old bed shall have right to ac8uire the same by paying its value L
value not to e'ceed the value of area occupied by new bed.
Art. )82. Ne. +e, t-rou2- "ri6ate estate 4eco0es o5 "u4lic ,o0inion.
Art. )83. Ri6er ,i6i,es itsel5 into 4ranc-es 5or0in2 an islan,.
1. >solation of a piece of land or part thereof (without being physically transferred to another place).
!. =eparation(or physical transfer) of a portion of land from an estate by the current.
Islan,s 4elon2 to State #)8)'
1. ormed on the seas within the )urisdiction of the 6hils.
!. 2n la#es
". 2n navigable or floatable rivers
Islan,s 5or0e, in non-na6i2a4le or non-5loata4le ri6ers #)87'
- >sland shall pertain and belong to the owners of the margins or ban#s of the river nearest to each
of them
- if in the middle of the river- it shall be divided longitudinally in halves.
RIGHT OF ACCESSION WITH RES$ECT TO 9O(A+&E $RO$ERT:
A,Function or ConFunction- union of two movable things belonging to different owners in such a
way that they form a single ob)ect$ but each one of the component things preserves its value. I4++K
7
PROPERTY
Kin,s o5 A,Function #ISTE$'
1. Inclusion (engraftment)- such as setting a precious stone on a ring
2. Sol,a,ura (soldering)- such as )oining a piece of metal to another metal.
a. ferruminacion- same metals
b. plumbatura- different metals
3. TeFi,o (weaving)- such as when threads belonging to different owners are used in ma#ing te'tile
). Escritura (writing)- such as when a person writes on paper belonging to another
7. $intura (painting)- such as when a person paints on canvas belonging to another
Tests to ,eter0ine "rinci"al in a,Function #)8;*)8<'
1. 0ule on >mportance of 6urpose (4+,)- To which the other (accessory) has been united as an
ornament or for its use or perfection.
!. 2f greater value$ if they are of une8ual values (4+H)
". 2f greater volume$ if they are of an e8ual value (4+H)
4. 2f greater merits ta#ing into consideration the comparative merits$ utility and volume of their
respective things (4,*)
W-en Se"aration Allo.e,
1. =eparation without in)ury #)8='
!. =eparation with in)ury- accessory is much precious than the principal$ the owner of the former
may demand its separation even though the principal may suffer in)ury. #)8='
". 2wner of the principal in bad faith. #);>'
1. OWNER OF $RINCI$A& #O$' AND OWNER OF ACCESSOR:#OA' IN GOOD FAITH*+AD
FAITH
O$ OA
-c8uires the accessory$ indemnifying the 2-
for its value
<ay separate them if no in)ury will be caused;
>f value of accessory is greater than principal$
2- may demand separation even if damages
may be caused to the principal (e'penses to
be borne by the one who caused the
con)unction)
2. O$ in Goo, Fait-@ OA in +a, 5ait-
O$ OA
2wns the accessory plus damages 3oses the thing incorporated and indemnify
26 for damages
3. O$ in +a, 5ait-@ OA in Goo, Fait-
O$ OA
1. 6ay 2- value of accessory 635=
D-<-G4= 20
!. 6rincipal and accessory be separated
635= D-<-G4=
0ight to choose between
1. 26 paying him the value or
!. That the thing be separated even if principal
will be destroyed
(oth with right to damages
Art.);1 For0 o5 In,e0nit1. #T-in2 eGual in Ein,*6alue or "rice'
8
PROPERTY
Art. );2*);3.
9i!ture- ta#es place when two or more things belonging to different owners are mi'ed or
combined with the respective identities of the component parts destroyed or lost.
T.o Kin,s
1. Co00i!tion- or the mi'ture of solid things belonging to different owners.
2. Con5usion- or the mi'ture of li8uid things belonging to different owners.
Rules
1. <i'ture by will of the owners- Their rights shall be governed by their stipulations. :ithout
stipulation$ each ac8uires a right or interest in proportion to the value of his material.
!. <i'ture caused by an owner in G or by chance- each share shall still be in proportion to the
value of their thing.
". <i'ture caused by the owner in (- the actor forfeits his things and is liable for damages.
Art. );). S"eci5ication.
- means the giving of a new form to a material belonging to another person through the application
of labor or industry.
R%&ES
1. :hen the ma#er (considered principal) is in G
a. -ppropriate but must indemnify the owner of the material
b. <ay not appropriate Lmaterial transformed is worth more than the new thing. The 2< may
i. appropriate the new thing sub)ect to payment of the value of the wor# or
ii. demand indemnity for material with damages .
!. :hen the ma#er is in (
a. 2< can appropriate the wor# without paying for the labor or industry
b. 2< can demand indemnity plus damages
c. 2< cannot appropriate if the value of the wor# is considerably more than the value of the
material due to artistic or scientific importance.
CO9$ARISON OF THE 3 T:$ES ACCESSION OF 9O(A+&ES
A,Function 9i!ture S"eci5ication
>nvolves at least ! things >nvolves at least ! things >nvolves at least ! things
-ccessory follows principal Bo-ownership results -ccessory follows principal
Things )oined retain their
nature
Things )oined 4ither retain or
lose their nature
The new ob)ect retains or
preserves the nature of the
original ob)ect
H%IETING OF TIT&E #);8'
Reasons
1. prevent litigation
!. protect true title and possession
". real interest of both parties which re8uires that precise state of title be #nown
9
PROPERTY
Action to Huiet Title
-put an end to ve'atious litigation in respect to property involved; plaintiff asserts his own estate
and generally declares that defendantEs claim is without foundation
-remedial
-not suits in rem nor personam but suits against a particular personFs in respect to the res(8uasi in
rem)
-may not be brought for settling boundary disputes #(,a. De A6iles 6s. CA'
-applicable to any property or interest therein. The law however$ does not e'clude personal
property from actions to 8uiet title.
-an action to 8uiet title brought by the person in possession of the property is ><604=B0>6T>(34.
-if he is not in possession$ he must invo#e his remedy within the prescriptive period.
Classi5ication
1. 0emedial -ction- one to remove cloud on title
!. 6reventive -ction- one to prevent the casting of a (threatened) cloud on the title
Action to Re0o6e Clou,
-intended to procure cancellation$ delivery$ release of an instrument$ encumbrance or claim
constituting a plaintiffEs title which may be used to in)ure or ve' him in the en)oyment of his title.
-preventive
Clou,- any instrument which is inoperative but has semblance of title.
ReGuisites
1. 6laintiff must have a legal or e8uitable title or interest. (4,,)
!. /eed not be in possession of the property$ but must invo#e within prescriptive period. (Gallar vs.
%ussain)
". The cloud must be due to an instrument$ record$ claim encumbrance or proceeding which is
apparently valid or effective but in truth and in fact invalid$ ineffective$ voidable or unenforceable$ or
has been e'tinguished or terminated or has been barred by e'tinctive prescription (4,H)$ and such
instrument may be pre)udicial to said title.
4. 6laintiff must return to the defendant all benefits he may have received from the latter or
reimburse him for e'penses that may have redounded to his benefit. (4,J)
Instances o5 Clou, o5 title
1. -n absolute fictitious contract of sale or a sale with simulated consideration.
!. - sale by an agent without written authority or after e'piration of his authority.
". - forged contract.
4. - contract of sale or donation which has become inoperative because of non-performance by the
vendee or donee of a condition precedent.
*. - voidable contract.
$rescri"ti6e $erio,
1. 6laintiff in possession- imprescriptible
!. 6laintiff not in possession- 10 (ordinary); "0(e'traordinary)
Action to Guiet title ,oes not a""l1
1.To 8uestions involving interpretation of documents.
!. or mere written or oral assertions of claims$ e'ceptA
a. if made in a legal proceeding
10
PROPERTY
b. if it is being asserted that the instrument or entry in plaintiffEs favor is not what it purports to
be.
". To boundary disputes(ibid)
4. To deeds by strangers to the title 5/34== purporting to convey the property of the plaintiff.
*. :here the validity of the instrument involves pure 8uestions of law.
DISTINCTIONS +ETWEEN ACTION TO H%IET TIT&E I ACTION TO RE9O(E C&O%D
+asis Action to Huiet Title Action to Re0o6e Clou,
6urpose 6ut an end to ve'atious
litigation
6rocure cancellation$ release
of an instrument$
encumbrance or claim in the
plaintiffEs title which affects the
title or en)oyment of the
property
/ature 6laintiff asserts own claim and
declares that the claim of the
defendant is unfounded and
calls on the defendant to
)ustify his claim on the
property that the same may
be determined by the court
6laintiff declares his own
claim and title$ and at the
same time indicates the
source and nature of the
defendantEs claim$ pointing its
defects and prays for the
declaration of its invalidity
Duris"ru,ence
1. Heirs o5 9. Na2aJo 6s. CA- 7ree 6atent issued over private land is null and void9
2. Ro0an Cat-olic Arc-4is-o" o5 Caceres 6s. Heirs o5 9. A4ella- 7The finding in the case
for 8uieting title prevails over the ruling in the forcible entry case.9
3. 9etro"olitan +anE I Trust Co. 6s. AleFo- 7The )udgment of trial court cancelling the TBT in
the name of the mortgagor without notice to the mortagee-ban# cannot be considered a cloud on
the mortgageeEs title or interest over the property$ which does not have any semblance of a title.9
R%INO%S +%I&DINGS AND TREES IN DANGER OF FA&&ING #)<2 I )<3'
Liability for Damages
1. collapse within 1* years from completion- engineer$ architect or contractor (1,!")
!. in danger of fallingLstate may compel owner to demolish or ma#e necessary wor# to prevent
from falling (4H!.1)
". if no action by owner- done by government at the e'pense of owner (4H!.!)
GGGThe complainant must show that his property is ad)acent to the dangerous construction$ or must
have to pass by necessity in the immediate vicinity.
Duris"ru,ence
CDuan F. NaE"il I Sons 6s. CA- 7The contractor and architect are liable for the damage
sustained by a building because of an earth8ua#e. %aving made substantial deviations from the
plans and specifications$ having failed to observe re8uisite wor#manship in construction$ and the
architect made plans that contain defects and inade8uacy$ both of them cannot escape liability. To
constitute an act of God the following re8uisites must concurA 1) the cause of the breach of
obligation must be independent of the will of the debtor !) the event must be either unforeseeable
or unavoidable ") the event must be such as to render it impossible for the debtor to fulfil his
11
PROPERTY
obligation in a normal manner 4) the debtor must be free from any participation in or aggravation of
the in)ury to the creditor.
CO-OWNERSHI$
- is that form of ownership which e'ists whenever an undivided thing or right belongs to different
persons. (4H4)
ReGuisites
1. 6lurality of =ub)ectsCmany owners
!. unity of material (indivision of ob)ect) of ownership
". recognition of ideal shares
Causes*Sources #&CS FOD'
1. la.- i.e. easement of part walls; absolute community of property bFw spouses
!. contracts
". succession
4. 5ortuitous event or by chance- commi'tion
*. occu"anc1C! persons catch a wild animal
+. ,onation
Kin,s o5 Co-O.ners-i" #&OC C%SI'
1. &e2al- created by law
!. Or,inar1- 0ight of partition e'ists
". Co0"ulsor1- no right of partition e'ists (party wall)
4. Contractual- created by contract
*. %ni6ersal- over universal things (co-heirs)
+. Sin2ular or 6articular-over particular or specific thing
,. Inci,ental- e'ists independently of the will of the parties
DISTING%ISHED FRO9 $ARTNERSHI$
CO-OWNERSHI$ $ARTNERSHI$
Legal Personality /o 3egal 6ersonality %as legalF)uridical personality
Source Breated by contract or other
things
Breated by contract only
(e'press or implied)
Purpose Bollective en)oyment of a thing 6rofit
Term -greement for it to e'ist for 10
yearsCvalid(if more than 10
years$ the e'cess is void)
/2T4A !0 years is the
ma'imum if imposed by the
testator or donee of the
common property
/o term limit set by law
Representation -s a rule$ no mutual
representation
-s a rule$ there is mutual
representation
Effect of Death /ot dissolved Dissolved
Substitution Ban dispose of his share Bannot substitute another as a
12
PROPERTY
without consent of others partner in his place without
consent of others
Profits <ust always depend on
proportionate shares
<ay be stipulated upon
DISTING%ISHED FRO9 DOINT TENANC:
CO-OWNERSHI$ DOINT TENANC:
Shares >nvolves a physical whole. (ut
there is an ideal (abstract)
division; each co-owner being
the owner of his ideal share
>nvolves a physical whole. (ut
there is no ideal (abstract)
division; each and all of them
own the whole thing.
Disposal of Shares 4ach co-owner may dispose of
his ideal or undivided share
(without boundaries) without the
otherEs consent
4ach co-owner may not dispose
of his own share without the
consent of all the rest$ because
he really has no ideal share
Effect of Death >f a co-owner dies his share
goes to his own heirs
>f a )oint tenant dies$ his share
goes by accretion to the other
)oint-tenants by virtue of their
survivorship or us accrecendi
Effect of Disability >f a co-owner is a minor$ this
does not benefit the others for
the purpose of prescription$ and
prescription therefore runs
against them.
>f one )oint-tenant is under legal
disability (li#e minority)$ this
benefits the other against whom
prescription will not run
RIGHTS OF CO-OWNERS #+%CA CERF A$$RA$'
1. 0ights to 4ene5its proportional to respective interests; stipulation to the contrary is void. (4H*)
!. 0ight to use the thing co-owned (4H+)
a. for purpose for which it was intended
b. without pre)udice to interest of ownership
c. without preventing other co-owners from ma#ing use thereof
". 0ight to c-an2e purpose of co-ownership by agreement (4H+)
4. 0ight to bring an action 5or eFect0ent in behalf of the other co-owner (4H,)
*. 0ight to compel co-owners to contri4ute to necessary e'penses and ta'es (4HH)
+. 0ight to e!e0"t himself from obligation of paying necessary e'penses and ta'es by renouncing
his share in the pro-indiviso interest; but canEt be made if pre)udicial to co-ownership (4HH)
,. 0ight to ma#e re"airs for preservation of things can be made at will of one co-owner; receive
reimbursement therefrom; notice of necessity of such repairs must be given to co-owners$ if
practicable. (4HJ)
H. 0ight to 5ull o.ners-i" of his part and fruits. (4J")
J. 0ight to alienate$ assign or mortgage own part; e'cept personal rights li#e right to use and
habitation. (4J")
10. 0ight to as# for "artition anytime (4J4)
11. 0ight to "re-e0"tion #in relation to i0"rescri"ti4ilit1-)=)'
1!. 0ight to re,e0"tion in case the shares of all the other co-owners or any of them are sold to a
"
rd
person #Ca,a2 6s. Trinanes' #182>'
1". 0ight to be a,Fu,icate, the thing (sub)ect to right of others to be indemnified)
14. 0ight to share in "rocee,s of sale of thing if thing is indivisible and they cannot agree that it be
allotted to one of them. (4JH)
D%TIES*&IA+I&ITIES OF A CO-OWNER
13
PROPERTY
1. =hare in charges proportional to respective interest; stipulation to the contrary is void.(4H*)
!. 6ay necessary e'penses and ta'esCmay be e'ercised only by one co-owner. (4HH)
". 6ay useful and lu'urious e'penses if determined by ma)ority (4HJ$ 4J!)
4. Duty to obtain consent of all if the thing is to be altered even if beneficial; resort to court if non-
consent is manifestly pre)udicial. (4J1)
*. Duty to obtain consent of ma)ority with regards to the administration and better en)oyment of the
thing; controlling interest; court intervention if pre)udicialCappointment of administrator. (4J!)
+. /o prescription to run in favor of a co-owner as long as he recogni&es the co-ownership (4J4);
re8uisites for ac8uisition through prescriptionA
a. he has repudiated through une8uivocal acts
b. such act of repudiation is made #nown to the other co-owners
c. evidence must be clear and convincing
d. his possession is open$ continuous$ e'clusive and notorious. #A,,ille 6s. CA'
,. Bo-owners cannot as# for physical division if it would render the thing unserviceable; but can
terminate co-ownership. (4J*)
H. -fter partition$ duty to render mutual accounting of benefits and reimbursement of e'penses
(*00)
J. >ndemnity for damages caused by reason of negligence and fraud. (*00)
10. 0eciprocal warranty for defects of title or 8uality of the portion assigned to the owner.(*00)
$ARTITION.
- The division between two or more persons of real or personal property which they own in
common so that each may en)oy and possess his sole estate to the e'clusion of and without
interference from others.
General Rule /o co-owner shall be obliged to remain in the co-ownership. 4ach co-owner may at
any time demand the partition of the thing owned in common$ insofar as his share is concerned.
(4J4)
E!ce"tion :hen a co-owner may not successfully demand a partition
1. >f by agreement (for a period not e'ceeding 10 years) partition is prohibited. (4J4)
!. :hen partition is prohibited by a donor or testator (for a period not e'ceeding !0 years) from
whom the property came. (4J4)
". :hen partition is prohibited by law. (4J4)
4. :hen a physical partition would render the property unserviceable (4J*)$ but in this case$ the
property may be allotted to one of the co-owners$ who shall indemnify the others$ or in case of
disagreement it will be sold$ and the proceeds distributed. (4JH)
*. :hen the legal nature of the common property does not allow partition.
$RESCRI$TION
General Rule 6rescription does not adversely affect a co-owner or co-heir. - co-owner cannot
ac8uire the whole property as against the other co-owners.
E!ce"tion valid repudiationCprescription shall start from such repudiation
E!ce"tion to t-e E!ce"tion >n constructive trusts prescription does not run.
$ositi6e Acts o5 Re"u,iation
1. iling by a trustee of an action in court against a trustor to 8uiet title to property or for recovery of
ownership thereof$ held in possession by the former$ may constitute an act of repudiation of the
trust reposed on him by the latter.
!. The issuance of the certificate of title$ and the lapse of more than !0 years$ open and adverse
possession as owner would certainly suffice to vest title by prescription.
14
PROPERTY
". -n action for reconveyance of land based on implied or constructive trust prescribes within 10
years and it is from the date of the issuance of such title that the effective assertion of adverse title
for purposes of the statute of limitation is counted.
4. :hen one who is an apparent administrator of property causes the cancellation of the title
thereto in the name of the apparent beneficiaries and gets a new certificate of title in his own
name.
*. 4'ecution of a deed of partition and on the strength thereof cancellation of title to the property
was obtained in the name of the predecessor and the issuance of a new one wherein plaintiff
appears as new owner. #De li0a 6s. CA'
Art. )=;. Cre,itors or Assi2nees o5 co-o.ners cannot i0"u2n an1 "artition alrea,1 e!ecute,
unless t-ere -as 4een 5rau, or 0a,e not.it-stan,in2 a 5or0al o""osition.
EATING%ISH9ENT OF CO-OWNERSHI$ #CA&STE$'
1. Consoli,ation or merger in one co-owner.
2. AcGuisiti6e prescription in favor of a "
rd
person or a co-owner who repudiates the co-ownership.
3. &oss or destruction of property co-owned.
). Sale of property co-owned
7. Ter0ination of period agreed upon by the co-owners.
8. E!"ro"riation
;. $artition (Mudicial or 4'tra)udicial)
TER9INATION OF CO-OWNERSHI$
Duris"ru,ence
1. 9ariano 6s. CA- 70edemption of the whole property by a co-owner does not vest in him sole
ownership over said property. 0edemption within the period prescribed by law by a co-owner will
inure to the benefit of all co-owners. %ence$ it will not put an end to e'isting co-ownership.9
2. Ca4i2ao 6s. &i0- 7-ccounting should be with respect to net proceeds not the gross proceeds
derived from the sale9
3. A2uilar 6s. CA- 7:hen petitioner filed an action to compel the sale of the property and the
trial court granted the petition$ the co-ownership was deemed terminated and the right to en)oy the
possession )ointly also ceased. Thereafter$ the continued stay of respondent and his family in the
house pre)udiced the interest of the petitioner as the property should have been sold and the
proceeds divided e8ually between them. 0espondent should be held liable for monthly rentals.9
3. +arreto 6s. CA- 74ven if a co-owner sells the whole property as his own$ or without the
consent of the other co-owners$ the sale is valid insofar as his ideal 8uota is concerned unless the
sale is authori&ed by the other co-owners.9
). (,a. De Castro 6s. Atien/a- 7>f a lease could be entered into partially by a co-owner insofar
as his interest is concerned$ then$ he can also cancel his own lease independently of the other co-
owner. Therefore$ a co-owner who cancels a lease of his share of a property is liable on his
e'press underta#ing to refund the advance rental paid to him by the lessee.9
7. Tuason 6s. Tuason- 7:hen co-owners agreed to subdivide a parcel of land into small lots
and then divide the parcels among them$ such obligation is a mere incident to the main ob)ect of
dissolving the co-ownership. (y virtue of the document the parties thereto practically and
substantially entered into a contract of partnership as the ebst and most e'pedient means of
eventually dissolving the co-ownership.9
8. (,a. De Es"ina 6s. A4a1a- 7The =tatute of rauds does not apply to partition because it is
not legally deemed a conveyance or a sale of property resulting in change of ownership but simply
a segregation and designation of that part of the property which belongs to each of the co-owners.9
;. De Santos 6s. +anE o5 $-il. Islan,s- 7Breditors and assignees have the right to be notified
of a partition$ such absence would ma#e the partition e'ecuted not binding on them.9
15
PROPERTY
<. &a2una 6s. &e6antino-7The sole fact of a co-owner having declared the lands in 8uestion in
his name for ta' purposes nor the payment of land ta'es$ constitutes no such une8uivocal act of
repudiation amounting to an ouster of the other co-owner and cannot constitute adverse
possession as basis for title by prescription.9
=. A,ille 6s. CA- 7The torrens title does not furnish shield of fraud. Thus$ where one registered
the property in 8uestion in his name in fraud of his co-heirs$ prescription can only be deemed to
have commenced from the time the latter discovers the fraudulent act.9
$ER$ENDIC%&AR CO-OWNERSHI$.
--Different stories of a house belong to different owners. -lthough there are apparently separate
and distinct properties$ these are indestructively united for their ornamentation and use and even
for their very e'istence with other necessary and essential things which are the main and party
walls$ the roof and other things used in common. (4J0)
-- This is to be distinguished from a CONDO9INI%9$ which is a building consisting of several
stories$ each story being divided into different units owned by different persons who are members
or shareholders of a condominium corporation.
CONDO9IN%9 ACT #RA );28'
Con,o0iniu0- an interest in real property consisting of a separate interest in a unit in a
residential$ industrial$ or commercial building and an undivided interest in common directly or
indirectly$ in the land on which it is located and in other common areas of the building.
GTitle to the common areas may be held by a corporation specially formed for the purpose$ in
which holders of separate interests automatically become members or shareholders.
%nit- means a part of the condominium pro)ect intended for any type of independent use or
ownership$ including accessories appended.
$roFect- the entire parcel of real property divided$ including all structures thereon.
Co00on areas- means the entire pro)ect e'cepting all units separately granted or held or
reserved.
To ,i6i,e real property- means to divide the ownership thereof or other interest therein by
conveying one or more condominiums therein but less than the whole thereof.
A$$&ICA+I&IT:
6roperty divided or to be divided into condominiums only if there shall be recorded in the 0egister
of Deeds of the province or city in which the property lies and duly annotated in the corresponding
certificate of title of the land$ if the latter had been patented or registered under either the 3and
0egistration or Badastral -cts$ an ena4lin2 or 0aster ,ee, which shall contain$ among others$
the followingA
(a) Description of the land on which the building or buildings and improvements are or are to be
located;
(b) Description of the building or buildings$ stating the number of stories and basements$ the
number of units and their accessories$ if any;
(c) Description of the common areas and facilities;
(d) - statement of the e'act nature of the interest ac8uired or to be ac8uired by the purchaser in
the separate units and in the common areas of the condominium pro)ect. :here title to or the
appurtenant interests in the common areas is or is to be held by a condominium corporation$ a
statement to this effect shall be included;
16
PROPERTY
(e) =tatement of the purposes for which the building or buildings and each of the units are intended
or restricted as to use;
(f) - certificate of the registered owner of the property$ if he is other than those e'ecuting the
master deed$ as well as of all registered holders of any lien or encumbrance on the property$ that
they consent to the registration of the deed;
(g) The following plans shall be appended to the deed as integral parts thereofA
(1) - survey plan of the land included in the pro)ect$ unless a survey plan of the same property
had previously bee filed in said office;
(!) - diagrammatic floor plan of the building or buildings in the pro)ect$ in sufficient detail to
identify each unit$ its relative location and appro'imate dimensions;
(h) -ny reasonable restriction not contrary to law$ morals or public policy regarding the right of any
condominium owner to alienate or dispose of his condominium.
TRANSFER OR CON(E:ANCE
-ny transfer or conveyance of a unit or an apartment$ office or store or other space therein$ shall
include the transfer or conveyance of the undivided interests in the common areas or$ in a proper
case$ the membership or shareholdings in the condominium corporationA Pro!ided$ ho"e!er$ That
where the common areas in the condominium pro)ect are owned by the owners of separate units
as co-owners thereof$ no con,o0iniu0 unit t-erein s-all 4e con6e1e, or trans5erre, to
"ersons ot-er t-an Fili"ino citi/ens? or cor"orations at least si!t1 "ercent o5 t-e ca"ital
stocE o5 .-ic- 4elon2 to Fili"ino citi/ens$ e!ce"t in cases o5 -ere,itar1 succession.
Inci,ents o5 a con,o0iniu0 2rant
(a) The boundary of the unit granted are the interior surfaces of the perimeter walls$ floors$ ceilings$
windows and doors thereof.
The following are not part of the unit bearing walls$ columns$ floors$ roofs$ foundations and other
common structural elements of the buildingA
lobbies$ stairways$ hallways$ and other areas of common use$ elevator e8uipment and shafts$
central heating$ central refrigeration and central air-conditioning e8uipment$ reservoirs$ tan#s$
pumps and other central services and facilities$ pipes$ ducts$ flues$ chutes$ conduits$ wires and
other utility installations$ wherever located$ e'cept the outlets thereof when located within the unit.
(b) There shall pass with the unit$ as an appurtenance thereof$ an e'clusive easement for the use
of the air space encompassed by the boundaries of the unit as it e'ists at any particular time and
as the unit may lawfully be altered or reconstructed from time to time. =uch easement shall be
automatically terminated in any air space upon destruction of the unit as to render it untenantable.
(c) 5nless otherwise$ provided$ the common areas are held in common by the holders of units$ in
e8ual shares$ one for each unit.
(d) - non-e'clusive easement for ingress$ egress and support through the common areas is
appurtenant to each unit and the common areas are sub)ect to such easements.
(e) 4ach condominium owner shall have the e'clusive right to paint$ repaint$ tile$ wa'$ paper or
otherwise refinish and decorate the inner surfaces of the walls$ ceilings$ floors$ windows and doors
bounding his own unit.
(f) 4ach condominium owner shall have the e'clusive right to mortgage$ pledge or encumber his
condominium and to have the same appraised independently of the other condominiums but any
obligation incurred by such condominium owner is personal to him.
(g) 4ach condominium owner has also the absolute right to sell or dispose of his condominium
unless the master deed contains a re8uirement that the property be first offered to the
condominium owners within a reasonable period of time before the same is offered to outside
parties;
17
PROPERTY
GENERA& Rule Bommon areas shall remain undivided and there shall be no )udicial partition
thereofA
EACE$TIONS
(a) That t-ree 1ears after damage or destruction to the pro)ect which renders material part thereof
unit for its use prior thereto$ the pro)ect has not been rebuilt or repaired substantially to its state
prior to its damage or destruction$ or
(b) That damage or destruction to the pro)ect has rendered one--al5 or 0ore of the units therein
untenantable and that condominium owners holding in aggregate 0ore t-an t-irt1 "ercent
interest in the common areas are opposed to repair or restoration of the pro)ect; or
(c) That the pro)ect has been in e'istence in e!cess o5 5i5t1 1ears$ that it is obsolete and
uneconomic$ and that condominium owners holding in aggregate 0ore t-an 5i5t1 "ercent interest
in the common areas are opposed to repair or restoration or remodeling or moderni&ing of the
pro)ect; or
(d) That the pro)ect or a material part thereof has been condemned or e'propriated and that the
pro)ect is no longer viable$ or that the condominium owners holding in aggregate 0ore t-an
se6ent1 "ercent interest in the common areas are opposed to continuation of the condominium
regime after e'propriation or condemnation of a material portion thereof; or
(e) That the conditions for such partition by sale set forth in the declaration of restrictions$ duly
registered have been met.
DEC&ARATION OF RESTRICTIONS
(a) -s to any such management body;
(b) The manner and procedure for amending such restrictionsA 6rovided$ That the vote of not less
than a ma)ority in interest of the owners is obtained.
(c) or independent audit of the accounts of the management body;
(d) or reasonable assessments to meet authori&ed e'penditures$ each condominium unit to be
assessed separately for its share of such e'penses in proportion (unless otherwise provided) to its
owners fractional interest in any common areas;
(e) or the subordination of the liens securing such assessments to other liens either generally or
specifically described;
(f) =uch right to partition or dissolution may be conditioned upon failure of the condominium owners
to rebuild within a certain period or upon specified inade8uacy of insurance proceeds$ or upon
specified percentage of damage to the building$ or upon a decision of an arbitrator$ or upon any
other reasonable condition.
Ter0 o5 a con,o0iniu0 cor"oration. Bo-terminus with the duration of the condominium pro)ect$
the provisions of the Borporation 3aw to the contrary notwithstanding.
In6oluntar1 ,issolution o5 a con,o0iniu0 cor"oration. E55ect.
The common areas owned or held by the corporation shall$ by way of li8uidation$ be transferred
pro-indiviso and in proportion to their interest in the corporation to the members or stoc#holders
thereof$ sub)ect to the superior rights of the corporation creditors. =uch transfer or conveyance
shall be deemed to be a full li8uidation of the interest of such members or stoc#holders in the
corporation. -fter such transfer or conveyance$ the provisions of this -ct governing undivided co-
ownership of$ or undivided interest in$ the common areas in condominium pro)ects shall fully apply.
Cor"oration not (oluntar1 Dissol6e, i5 9aster ,ee, not re6oEe,? e'cept if conditions on
partition is present(=ec. H).
18
PROPERTY
A55ir0ati6e 6ote o5 all t-e stocE-ol,ers or 0e04ers t-ereo5 at a 2eneral or s"ecial 0eetin2
,ul1 calle, 5or t-e "ur"ose? dissolves the corporation provided re8uirements of Borporation 3aw
complied.
A55ir0ati6e 6ote o5 all t-e stocE-ol,ers or 0e04ers necessary to dispose$ lease$ e'change of
common areas owned or held by it in the condominium pro)ect
WATER CODE OF THE $HI&I$$INES #$D 1>8;'
O.ners-i" o5 Waters
T-e 5ollo.in2 4elon2 to t-e state #RC& SASS'
a. Ri6ers and their natural beds;
b. Continuous or inter0ittent .aters of springs and broo#s running in their natural beds and the
beds themselves
c. /atural laEes and lagoons;
d. -ll other categories of sur5ace .aters such as water flowing over lands$ water form rainfall
whether natural or artificial$ and water from agriculture runoff$ seepage and drainage;
e. At0os"-eric water;
f. Su4terranean or ground water; and
g. Sea.ater
T-e 5ollo.in2 .aters 5oun, on "ri6ate lan,s also 4elon2 to t-e State #C&RSS'
a. Continuous or inter0ittent waters rising on such lands;
b. &aEes an, la2oons naturally waters rising on such lands;
c. Rain .ater and falling on such lands;
d. Su4terranean or ground waters; and$
e. :aters in s.a0"s an, 0ars-es.
GThe owner of the land where the water is found may use the same for ,o0estic "ur"oses
.it-out securin2 a "er0it$ provided that such use shall have been registered$ when re8uired by
the Bouncil. The Bouncil$ however$ may regulate such use when there is wastage$ or in times of
emergency.
G -ny person who captures or collects water by means of cisterns$ tan#s$ or pools shall have
e'clusive control over such water and the right to dispose of the same.
G :ater legally appropriated shall be sub)ect to the control of the appropriator from the moment it
reaches the appropriatorNs canal or a8ueduct leading to the place where the water will be used or
stored and$ thereafter$ so long as it is being beneficially used for the purposes for which it was
appropriated.
A$$RO$RIATION OF WATERS #D9I$ F&IRO'
a. Domestic
b. 9unicipal
c. Irrigation
d. $ower generation
e. Fisheries
f. &ivestoc# raising
g. Industrial
h. Recreational
i. Other purposes
19
PROPERTY
GG- person may appropriate or use natural bodies of water without securing a water permit for any
of the following.
a. -ppropriation of water by means of hand carried receptacles; and
b. (athing or washing$ watering or dipping of domestic or farm animals$ and navigation of
watercrafts or transportation of logs and other ob)ects by flotation.
GG2nly citi&ens of the 6hilippines$ of legal age$ as well as )uridical persons$ who are duly 8ualified
by law to e'ploit and develop water resources$ may apply for water permits.
GG:ater rights may be lent or transferred in whole or in part to another person with prior approval of
the Bouncil$ after due notice and hearing.
GG- holder of a water permit may demand the establishment of easements necessary for the
construction and maintenance of the wor#s and facilities needed for the beneficial use of the
waters to be appropriated sub)ect to the re8uirements of )ust compensation and to the following
conditionsA
a. That he is the owner$ lessee$ mortgage or one having real right over the land upon which he
purposes to use water; and
b. That the proposed easement is the most convenient and the least onerous to the servient estate.
GGThe utili&ation of subterranean or ground water shall be coordinated with that of surface waters
such as rivers$ streams$ springs and la#es$ so that a superior right in one is not adversely affected
by an inferior right in the other.
or this purpose$ the Bouncil shall promulgate rules and regulations and declare the e'istence of
control areas for the coordinated development$ protection$ and utili&ation of subterranean or
ground water and surface waters.
Control area is an area of land where subterranean or ground water and surface water are so
interrelated that withdrawal and use in one similarly affects the other. The boundary of a control
area may be altered from time to time$ as circumstances warrant.
GG:ater contained in open canals$ a8ueducts or reservoirs of private persons may be used by any
person for domestic purpose or for watering plants as long as the water withdrawn by manual
methods without chec#ing the stream or damaging the canal$ a8ueduct or reservoir; 6rovided$ That
this right may be restricted by the owner should it result in loss or in)ury to him.
GG :hen a drainage channel is constructed by a number of persons for their common benefit$ cost
of construction and maintenance of the channel be borne by each in proportion to the benefits
derived.
GG :hen artificial means are employed to drain water from higher to lower land$ the owner of the
higher land shall select the routes and methods of drainage that will cause the minimum damage to
the lower lands$ sub)ect to the re8uirements of )ust compensation.
GG :hen a water resources pro)ect interferes with the access of landowner to a portion of his
property or with the conveyance of irrigation or drainage water$ the person or agency constructing
the pro)ect shall bear the cost of construction and maintenance of the bridges$ flumes and other
structures necessary for maintaining access$ irrigation$ or drainage in addition to paying
compensation for land and incidental damages.
20
PROPERTY
GG3ower estates are obliged to receive the waters which naturally and without the intervention of
man flow from the higher estates$ as well as the stones or earth which they carry with them.
The owner of the lower estate can not construct wor#s which will impede this natural flow$ unless
he provides an alternative method of drainage; neither can the owner of the higher estate ma#e
wor#s which will increase this natural flow.
GGThe ban#s or rivers and streams and the shores of the seas and la#es throughout their entire
length and within a &one of three (") meters in urban areas$ twenty (!0) meters in agricultural areas
and forty (40) meters in forest areas$ along their margins$ are sub)ect to the easement of public use
in the interest of recreation$ navigation$ flotage$ fishing and salvage. /o person shall be allowed to
stay in this &one longer than what is necessary for recreation$ navigation$ flotage$ fishing or
salvage or to build structures of any #ind.
GG-ny person may erect levees or revetments to protect his property from flood$ encroachment by
the river or change in the course of the river$ provided that such constructions does not cause
damage to the property of another.
GG:hen a river or stream suddenly changes its course to traverse private lands$ the owners or the
affected lands may not compel the government to restore the river to its former bed; nor can they
restrain the government from ta#ing steps to revert the river or stream to its former course. The
owners of the lands thus affected are not entitled to compensation for any damage sustained
thereby. %owever$ the former owners of the new bed shall be the owners of the abandoned bed
proportion to the area lost by each.
The owners of the affected lands may underta#e to return the river or stream to its old bed at their
own e'pense; 6rovided$ That a permit therefore is secured from the =ecretary of 6ublic :or#s$
Transportation and Bommunication and wor# pertaining thereto are commenced within two years
from the changes in the course of the river or stream.
$ossession- The holding of a thing or the en)oyment of a right.
ReGuisites #OIR'
1. Occupancy$ apprehension$ or ta#ing of a thing or right (possession in fact
!. Deliberate intention to possess (anim!s possidendi
". (y virtue of oneEs own rightCin his own name or in that of another. (*!4)
For0s or De2rees o5 $ossession #WDDF'
1. 6ossession .it-out an1 titleCmere holding without any right at all. 4'. Thief or s8uatter.
!. 6ossession .it- Furi,ical titleCpredicated on )uridical relation e'isting between the possessor
and the owner. 4'. 3essee$ usufructuary$ depositary$ agent$ pledgee and trustee.
". 6ossession with Fust title su55icient to trans5er o.ners-i". 4'. =eller is not the true owner or
could not transmit his right thereto to a possessor who acted in G.
4. 6ossession with a title in 5ee si0"leCderived from the right of dominion or possession of an
owner. This is the highest degree of possession.
Classes o5 $ossession #GO +AHO'
1. 6ossession in oneBs o.n na0eCpossessor claims the thingFright for himself. (*!4)
!. 6ossession in na0e o5 anot-erCpossessor holds the thingFright owned by another. (*!4)
/oteA =ub)ect to ratification if not authori&ed by principal.
21
PROPERTY
This may beA
a. 6hysical or material 6ossessionA as when possessor is a mere custodian (i.e. possession of
money by a ban# teller.
b. MuridicalA when possession gives the transferee a right over the thing which the transferee
may set-up against the owner. (i.e. possession of an agent who receives the proceeds of sales of
goods delivered to him in agency by his principal)
"lasses#
a. ?oluntaryCagent possesses for the principal
b. /ecessaryFlegalCas when a mother possesses for a child still in the maternal womb or
incapacitated. 6ossession in behalf of )uridical entities.
c. 5nauthori&ed (negotiorum gestio)Cthis will become the principalEs possession only after
there has been a ratification without pre)udice to the effects of negotiorum gestio.
". 6ossession in the conce"t o5 o.nerCpossessor by his actions is considered or is believed by
other people as the owner regardless of good faith or bad faith.(*!*)
$ote# 6ossessor may be the owner himself or an adverse possessor.
%ffects# a. <ay be converted into ownership through ac8uisitive prescription
b. -n action may be brought to protect possession
c. <ay as# for inscription of possession
d. Demand fruits and damages from one unlawfully detaining property
4. 6ossession in the conce"t o5 -ol,erCpossessor ac#nowledges that there is a superior right
over the thing by another person$ which is ownership. (*!*)
4'amplesA 5sufructuary$ 3essee$ bailee in commodatum.
*. 6ossession in 2oo, 5ait-.(*!+)
0e8uisitesA a. 6ossessor has a title or mode of ac8uisition (,1!)
b. There is a flaw or defect in said title or mode
c. 6ossessor is unaware or aware of the flaw or defect or believes that the thing
belongs or does not belong to him.
+. 6ossession in 4a, 5ait-. (*!+)- possessor is aware of defect or flaw in his title.
Instances o5 +a, Fait-
1. 7:here the possessor has always believed that the land in 8uestion did not belong to him.9-
#Da6ier 6. Da6ier 1=>8'
!. 7:here the wife was present when her husband entered into the lease contract and was not
ignorant of the defect in her husbandEs alleged prescriptive title when she pretended to ta#e
possession thereunder.9 L #&er0a 6. Dela Cru/ 1=>;'
". 7:here the petitioner ac8uired his interest in the land aware that a litigation concerning the land
was still pending.9C#Ri6era 6. 9oran 1=28'
4. 7:here a purchaser believed that the seller was the owner of the land sold$ which land was
owned by another as evidenced by the latterEs TorrenEs title thereto$ in view of the presumptive
#nowledge of the TorrenEs title.9 #D.9. Tuason I Co. Inc. 6s. 9u0ar 1=8<'
*. 7:here the lessee continues to occupy the premises after the period of the lease contract has
already e'pired as he becomes a usurper with no right to legitimately continue in the use and
en)oyment thereof.9 #Re"u4lic 6. Dia/ 1=;='
+. 7:here the land sold is in the possession of another other than the vendor$ the purchaser must
go beyond the certificate of title and ma#e in8uiries$ failing in this purchaser cannot invo#e good
faith.9 #Heirs o5 Ro!as 6. CA 2>>)'
,. 7:here the purchaser of land has notice that it is sub)ect to right of repurchase from his vendor
(vendee a retro in a previous sale) although such right has already lapsed but the title has not yet
been cleared of the encumbrance.9 #Con,e 6. CA 1=<2'
22
PROPERTY
H. 7:here one purchased a land$ on the certificate of title of which an adverse claim was previously
annotated.9 #Gar,ner 6. CA 1=<)'
E!tent o5 $ossession
1. Actual- occupancy in fact of the whole or at least substantially whole.
!. Constructi6e- 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.
Doctrine o5 Constructi6e $ossession
General 0uleA 76ossession and cultivation of a portion of a tract of land under claim of ownership is
constructive possession. :hen for e'ample a person too# possession of land by planting trees and
constructed building$ it was immaterial that the building was unfinished and that he left the place
and visited the property intermittently. >t is sufficient that the property was able to be sub)ected to
his will.9 #So0o,io 6. CA- 1==)'
4'ceptionsFOualificationsA
1. 7<ere planting of a sign or symbol of possession cannot )ustify a <agellan-li#e claim of dominion
over an immense tract of territory9 L #&asa0 6. Director o5 &an,s-1=3<'
!. 7<ere cultivation does not constitute possession under a claim of ownership.KL#Re"u4lic 6s.
CA 1=<<'
". 7<ere fact of declaring uncultivated land for ta'ation purposes and visiting it every once in a
while has been held not to constitute acts of possession.9C#Ra0ire/ 6s. Director o5 &an,s 1=3)'
4. 7Doctrine of constructive possession does not apply where the possession is wrongful or the part
allegedly constructively possessed is in adverse possession of anotherKL#Sar0iento 6. &esaca
1=8>'
$resu0"tions in 5a6or o5 t-e "ossessor
1. 2f Good aith #72;'
!. 2f continuity of initial good faith M72<N
". 2f en)oyment in the same character in which possession was ac8uired until the contrary is
proved M72=N
4. 5ninterrupted possession of hereditary property #733.1'
*. 6ossession with )ust title M781N
+. 6ossession of movables with real property M7)2N
,. 4'clusive possession of common property M7)3N
H. Bontinuous possession M77)N
J. 5ninterrupted possession M781N
10. 6ossession during intervening period M113<.2N
O+DECT OF $OSSESSION M73>N #R$DN'
1. 0es Bommunes (privately owned property) P0es /ulliusA /o 2wnerQ
!. 6roperty of public dominion
". Discontinuous servitudes
4. /on-apparent servitudes
AcGuisition o5 $ossession #9WA' M731N
1. (y the 0aterial occu"ation of e'ercise of a right (Traditio brevi manu and traditio constitutum
possessorium)
23
PROPERTY
!. (y the sub)ection of the thing or right to our .ill (tradition longa manu and tradition symbolica)
". (y proper acts an, le2al 5or0alities established for ac8uiring such right of possession.
+1 .-o0 "ossession is acGuire, #732'
1. 6ersonally or by the same person who is to en)oy it.
!. Thru an authori&ed person or by his legal representative or agent
". Thru an unauthori&ed person or by any person without any power or authority whatever
$ossession t-rou2- succession
1. 6ossession of hereditary property is deemed transmitted wFo interruption from moment of death
(if accepted) and if not accepted is deemed never to have possessed the same. M733N
!. 2ne who succeeds by hereditary title shall not tac# the bad faith of the predecessors-in-interest
e'cept when he is aware of flaws affecting title; but effects of possession in good faith shall not
benefit him e'cept from the date of death of decedent. M73)N
Time of ac#uisition:
a. %eir acceptsA from the moment of death since there is no interruption.
b. %eir refuses or incapacitated to inheritA he is deemed never to have possessed the same
AcGuisition 41 9inors*Inca"acitate, $ersons M737N
<ay ac8uire material possession but not right to possession. =uch right to possession may only be
ac8uired through their legal representatives.
Resort to Courts necessar1 to acGuire "ossession .-en t-ere is a "ossessor o4Fectin2
t-ereto. T-e a""lication o5 5orce or inti0i,ation t-ere5ore coul, not result to acGuisition o5
"ossession. M738N
Acts t-at ,o not 2i6e rise to "resu0"tion o5 a4an,on0ent o5 ri2-t o5 "ossession M73;N
1. -cts merely tolerated
!. Blandestine or un#nown acts
". -cts of violence
Con5licts 4et.een se6eral clai0ants M73<N
General Rule 6ossession cannot be recogni&ed in two different personalities e'cept in case of co-
possession when there is no conflict
$re5erence o5 $ossession
1. 6resent of actual possessor shall
!. >f there are two possessors$ longer in possession
". >f dates of possession are the same$ possessor with a title (i.e right or document evidencing his
right to support his possession)
4. >f all the above are e8ual$ the fact of possession shall be )udicially determined and in the
meantime$ the thing shall be placed in )udicial deposit.
EFFECTS OF $OSSESSION
Rights of &ossession
24
PROPERTY
1. 0ight to be res"ecte, in his possession and should he be disturbed he shall be protected in or
restored to said possession. I*"JK
!. 0ight to secure t-e "ro"er .rit to restore him in his possession from a competent court in an
action for forcible entry. I*"JK
". 6ossession ac8uired and en)oyed in the conce"t o5 an o.ner can serve as title for ac8uisitive
prescription$ even if acted in ( I*40K
4. 6ossession in concept of owner has in his favor the le2al "resu0"tion o5 Fust title. I*41K
G '!st (itle$ may be written or oral proof. Title sufficient to transfer ownership without need of
possessing the property for the period necessary for ac8uiring title by prescription. >t is title that it
true and valid.
) "olorable (itle- one which a person has when he buys a thing in good faith$ from one who is
not the owner but whom he believes to be the owner. This is the re8uired title for ac8uisitive
prescription #De Desus 6. CA-1==3'
C &!tati*e (itle- one which a person believes he has but in fact he has not because there was
no mode of ac8uiring ownership$ as when one is in possession of a thing in the mista#en belief that
it had been be8ueathed to him.
*. 6ossession of real property presumes that movables are included. I*4!K
+. Bo-possessors deemed to have e'clusively possessed part which may be allotted to him;
interruption in whole or in part shall be to the pre)udice of all. I*4"K
,. 6ossessor in good faith entitled to fruits received before possession is legally interrupted.
(/atural and industrialA received from the time gatheredFsevered; Bivil ruits accrue daily).
I*44K
H. 0ight to a part of e'penses of cultivation and net harvest in proportion to time of possession if
there would be any natural or industrial fruits at the time good faith ceases. (2wner has the
option to allow the possessor to finish the cultivation and gathering of the growing fruits which
shall be considered indemnity for his part of e'penses and net proceeds; if he refuses this
concession he loses the right to be indemnified.) I*4*K
J. 6ossessor in G has the right to be reimbursed for necessary e'penses whether in G or in
(. 2nly 6ossessor in G has the right of retention. I*4+.1K
10. 6ossessor in G has the right to be reimbursed for useful e'penses with right of retention
(2wner has the option to pay e'penses or the increase in value of the property by reason of the
useful e'penses) I*4+.!K
11. 6ossessor in G may remove improvements if can be done wFo damage to principal thing
unless owner e'ercises option of paying e'pensesFincrease in value. I*4,K
G ?endor a retro$ a homesteader e'ercising his right of repurchase was ordered to refund the
value of a house constructed on sub)ect land by a vendee a retro.C=B ruled that re8uiring the
vendor a retro to return the value of house constructed was illegal. >t being clear that vendor a retro
is not e'ercising the option to refund the useful e'penses$ then the vendee a retro may remove the
house since this can be done without damage to the principal thing. >ncidentally$ no right of
retention is granted to the vendee a retro. #Cala2an 6. CFI Da6ao-1=<>'
1!. 6ossessor in G and ( may not be entitled to payment for lu'urious e'penses but may
remove them provided principal is not in)ured and provided owner does not choose to refund
the amount e'pended. I*4HK
1". >mprovements caused by nature or time shall inure to the benefit of person who has
succeeded in recovering possession. I**1K
14. 0ight to possession wild animals while under oneEs control. I*+0K
Wild +nimals# "hether terrestrial or a#uatic% li!ing in a state of nature independently of and
"ithout the aid and care of man
Domesticated or (amed +nimals# animals "hich are "ild or sa!age by nature but ha!e been
subdued and made use of by man and become accustomed to li!e in a tamed condition
25
PROPERTY
1*. 2ne who recovers according to law$ possession un)ustly lost is deemed to have en)oyed it
without interruption. I*+1K
&ia4ilities*Duties o5 $ossessor
1. 6ossessor in ( must reimburse the value of fruits which the legitimate possessor could have
received I*4J in relation to 44"K
G3u'urious e'penses shall not be refunded to 6ossessor in ( but may remove improvements
without in)ury and provided lawful possessor does not prefer to retain them by paying their value.
I*4JK
!. (ear cost of litigation I**0K
". 6ossessor in G not liable for loss or deterioration e'cept when fraud and negligence
intervened. I**!.1K
4. 6ossessor in ( liable for loss or deterioration even if caused by fortuitous event. I**!.!K
G6erson who recovers possession not obliged to pay for improvements which have ceased to
e'ist at the time of occupation. I**"K
&OSS OF $OSSESSION M777N OAA $EA DCP
+1 .ill o5 t-e $ossessor
1. A4an,on0ent of the thing
!. Assi2n0ent to another by onerous or gratuitous title
A2ainst t-e Will o5 t-e $ossessor
". $ossession of another if new possession lasted longer than one year(possession as a fact);
real right not lost until after 10 years.
4. Eminent Domain
*. Ac8uisitive 6rescription
+1 Reason o5 t-e O4Fect
+. Destruction or total loss of the thing
,. Thing went out of commerce
$OSSESSION WHEN NOT &OST
1. :hen remained with possessorEs control eventhough for the time being he may not #now their
whereabouts.I**+K
!. :ith respect to third persons$ which are not pre)udiced e'cept in accordance with <ortgage
3aw and 3and 0egistration 3aws. I**,K
". :hen agent encumbered property without e'press authority unless ratified I**HK
$ossession o5 0o6a4le eGui6alent to title M77=N
1. -c8uired in G
!. 2wner has voluntarily parted with the possession of a thing
". 6ossession is in the concept of owner
26
PROPERTY
Doctrine o5 Irre6in,ica4ilit1L6ossession in G of a movable is presumed ownership. >t is
e8uivalent to a title. /o further proof is necessary.
W-en 0a1 "ossession 0a1 not 4e reco6ere, i5 unla.5ull1 ,e"ri6e, o5
1. :here the owner of the movable by his con,uct precluded from denying the sellerEs authority
to sell
!. :here the law enables the a""arent o.ner to dispose of the movable as if he were the true
owner thereof. (6D 1*!J; />3; :arehouse 0eceipts 3aw)
". :here the sale is sanctioned by statutor1 or )udicial authority
4. :here the sale is made at 0erc-antBs stores$ fairs or mar#ets (1*0*)
*. :here the seller has a 6oi,a4le title which has not been avoided at the time of the sale to the
buyer in G for value and wFo notice of the sellerEs defect of title (1*0+)
+. :here recovery is no longer possible because of "rescri"tion (11"!)
,. :here the possessor becomes the owner of the thing in accordance with the principle of
5in,erBs Eee"er (,1J)
%S%FR%CT
-0ight to en)oy the property of another with the obligation of preserving its form and substance$
unless the title constituting it or the law otherwise provides. I*+!K
G 7- 6erson cannot create a usufruct over his own property and at the same time retain ownership
of the same. or usufruct is essentially )us in re aliena; and to be a usufructuary of oneEs own
property is$ in law$ a contradiction in terms and a conceptual absurdity.9- MGa4o1a 6. Cui -1=;1N
CHARACTERISTICS*E&E9ENTS
1. 4ssential
a. 0eal right of use and en)oyment (whether registered or not)
b. Temporary Duration
c. >ts purpose is to en)oy the benefits and derive all advantages from the ob)ect as a
conse8uence of normal use or e'ploitation
d. Transmissible
e. <ay be constituted on real or personal$ consumable or nonconsumable. Tangible or
intangible property.
!. /atural- those which are ordinarily present but can be eliminated by a contrary stipulation
a. The obligation of conserving or preserving the form and substance of the thing
". -ccidental- those which may be present or absent depending upon the stipulation of the parties
a. :hether it be pure or a conditional usufruct
b. The number of years it will e'ist
c. :hether it is in favor of one person or several
Classi5ications o5 %su5ruct
1. -s to whether or not impairment of ob)ect is allowed I*+!K
a. normal
b. abnormal
!. -s to origin I*+"K
a. 3egal- created by law such as usufruct of the parents over the property of their
unemancipated minor
27
PROPERTY
b. ?oluntary or conventional- created by will of the parties either by donation inter vivos or
donation mortis causa
c. <i'ed- ac8uired by prescription such as when believing himself the owner of the property of
an absentee$ gave in his will the usufruct of the property for the re8uisite prescriptive period to his
wife and na#ed ownership to his brother and wife possessed it in G as usufructuary.
". -s to number of persons en)oying the right I+11K
a. simple
b. multiple
1. simultaneous- at the same time
!. successive- one after the other
G>n case of multiple usufructuaries$ in usufruct created by donation$ all the donees must be alive
or at least already conceived at the time of the perfection of the donation.
4. -s to 8uantity or e'tent of ob)ect I*+4K
i. Total
ii. 6artial
*. -s to e'tent of ownerEs patrimony I*JHF*JJK
a. 5niversalCif over the entire patrimony
b. 6articularF=ingularCif only individual things are included
+. -s to 8uality of #ind of ob)ect
a. of things
i. /ormal(or perfect or regular)Cthis involves non-consumable things where the form and
substance are preserved
ii. -bnormal(or imperfect or irregular)Cinvolves consumable things
b. of rightsCrights must not be personal or intransmissible in character. (so present and future
support cannot be an ob)ect of usufruct)
,. -s to terms or conditions
a. 6ureC/o term or condition
b. :ith a term or period
i. e' dieCfrom a certain day
ii. in diemCup to a certain day
iii. e' die in diemCfrom a certain day up to a certain day
c. :ith a condition
i. 0esolutory
ii. =uspensive
DISTING%ISHED FRO9 &EASE
%su5ruct &ease
E!tent Bovers all fruits and uses as a
rule
Generally covers only a
particular or specific use
Nature >s always a real right >s a real right only if registered$
as in the case of lease of real
property 20 if contracted for
more than one year
Creator Ban be created only by the
owner$ or by a duly authori&ed
agent$ acting in behalf of the
owner
The lessor may or may not be
the owner as when there is a
sublease or when the lessor is
only a usufructuary
28
PROPERTY
Ori2in <ay be created by law$
contract$ last will or prescription
<ay be created as a rule only
by a contract; and by way of
e'ception by law (as in the
case of an implied new lease$
or when a builder has built in
G on the land of another a
building$ when the land is
considerably worth more in
value than the building
Cause The owner is more or less
passive and he allows the
usufructuary to en)oy the thing
given in usufruct
The owner or lessor is more or
less active and he ma#es the
lessee en)oy
Re"airs The usufructuary has the duty
to ma#e ordinary repairs
The lessee generally has no
duty to pay repairs
Ta!es The usufructuary pays for the
annual charges and ta'es on
the fruits
The lessee generally pays no
ta'es
As to ot-er t-in2s - usufructuary may lease the
thing to another
The lessee cannot constitute a
usufruct on the property leased
DISTING%ISHED FRO9 EASE9ENTS
%S%FR%CT EASE9ENT
O4Fect <ay be real or personal
property
>nvolves only real property
E!tent :hat can be en)oyed here are
all uses and fruits of the
property
3imited to particular use
Co6era2e Bannot be constituted on an
easement; but it may be
constituted on the land
burdened by an easement
<ay be constituted on a piece
of land held in usufruct
E55ect o5 Deat- 5sually e'tinguished by death
of usufructuary
/ot e'tinguished by the death
of the dominant estate
RIGHTS OF THE %S%FR%CT%AR:
I. AS TO THINGS AND ITS FR%ITS
1. 0ight to fruits
a. Bivil ruits -ccrue Daily I*+JK
i. (elong to the usufructuary in proportion to the time the usufruct may last
ii. (oth stoc# and cash dividends are considered civil fruits
b. >ndustrial and /atural ruits
i. ruits pending at the beginning of usufruct I*+,K
belong to the usufructuary
no necessity of refunding the owner for e'penses incurred$ but wFo pre)udice to
the rights of "
rd
persons (thus if the fruits had been planted by a possessor in G$
the pending crop e'penses and charges shall be pro-rated bFw said possessor and
the usufructuary
29
PROPERTY
ii. ruits pending at the termination of usufruct I*+,K
belong to the owner
(5T the owner must reimburse the usufructuary for ordinary cultivation
e'penses and for seeds and similar e'penses$ from the proceeds of the fruits.
(%ence the e'cess of e'penses over the proceeds need not be reimbursed)
!. 0ight to %idden Treasure as stranger I*++K
". 0ight to en)oy any increase which the thing in usufruct may ac8uire through accession I*,1K
4. 0ight to personally en)oy the thing in usufruct or lease it to another I*,!-*,,K
0ight to ma#e use for the purpose intended of things which gradually deteriorate and shall
not be responsible for deterioration due to wear and tear and is only obliged to return the thing
in that condition but shall pay indemnity if deterioration was caused by his fraud or negligence
I*,"K
>n case of usufruct on consumables$ the usufructuary should pay the appraised value at the
termination of usufruct if the thingFs were appraised when delivered. >f there is no appraisal$
return the same 8uantity and 8uality or pay the current price. I*,4K
0ight to ma#e use of the dead trun#s (of fruit-bearing trees and shrubs) and those cut-off or
uprooted by accident with obligation to replace them I*,*K
0ight to leave the dead$ fallen or uprooted trun#s if trees or shrubs disappeared through
calamity or e'traordinary event and demand their removal from the owner. I*,+K
0ight to benefits produced naturally in usufruct of woodland. I*,,K
%e shall have the right to ordinary cutting or felling habitually made by the owner (or
according to customs of the place) if the woodland is a copse or consists of timber for
building. (-ll other cutting down of trees ofther than this should be for the purpose of restoring
or improving things in usufruct and sub)ect to consent of the owner) I*,,K
0ight to ma#e necessary thinnings in nurseries I*,,K
*. 0ight to ma#e on the property in usufruct such improvements or e'penses he may deem proper
and to remove the improvements provided no damage is caused to the property I*,JK
+. 0ight to set-off the improvements he may have made on the property against any damage to the
same I*H0K
,. 0ight to retain the thing until he is reimbursed for advances for e'traordinary e'penses and
ta'es on capital I+1!K
II. As to %su5ruct itsel5
1. 0ight to alienate (or mortgage) the right of usufruct e'cept parental usufruct I*,!K
G 7-fter a usufrucruary has donated her usufructuary right over a certain property she cannot get
it bac# on the ground that she did not own the properties9 QMSei5ert 6. +ac-rac- 1=);N
!. 0ight to bring action and oblige owner thereof to give him proper authority and necessary proof
in a usufruct to recover property or a real right I*,HK
". 0ight 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$ in a usufruct of part of a common property. I*H!K
G9The usufructuary shall be bound by the partition made by the owners of the undivided 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 division
but it is limited to the fruits of said part allotted to the co-owner. #$ic-a1 6. Huerol 1=><'
30
PROPERTY
4. >n usufruct of <atured Bredits$ usufructuary may claim matured credits$ collect them and use
and invest$ w, or w,o interest the capital he has collected$ in any manner he may deem proper.
>f he has not given security or it is insufficient or he has been e'cused to give one$ he may
collect the credits and invest the capital which must be at interest with the consent of the na#ed
owner or approval of the court. I*JJK
*. >n usufruct of mortgaged immovables$ the usufructuary is not obliged to pay the debt for the
security of the mortgage. %e shall have a right to whatever he may lose by reason of the
attachment of sale of the immovable for the payment of debt of the owner. I+00K
III. As to a,6ances an, ,a0a2es
1. 0ight to be reimbursed for indispensable e'traordinary repairs made by him in an amount e8ual
to the increase in value which the property may have ac8uired by reason of such repairs. I*J4K
!. 0ight to be reimbursed for ta'es on the capital advanced by him I*J,.!K
". 0ight to be indemnified for damages caused to him by the na#ed owner who caused an
alteration which diminished the value of the thing in usufruct I*H1K
I(. Ot-er
1. 0ight to ma#e use of the land and materials$ when building forming part of the usufruct on
immovable has been destroyed in any manner I+0,K P=ame rule if 5sufruct is constituted on
building onlyQ
!. >f usufructuary shares in insurance of tenement in usufruct$ and it was lost$ he shall continue in
en)oyment of the new one if one be constructed 20 receive interest on the insurance indemnity.
I+0HK
O+&IGATIONS OF THE %S%FR%CT%AR:
1. 6ay e'penses to "
rd
persons for cultivation and production at beginning of the usufruct
!. 6ay damages in case of usufruct of movable sub)ect to deterioration if such was due to fraud or
negligence of usufructuary.
". T-ose 4e5ore t-e usu5ruct 4e2ins I*H"K
a. /otice of inventory of property (appraisal and description of movables)
b. 6osting of security
i. /ot applicable to parents who are usufructuary of children e'cept when !
nd
marriage was
contracted and to donor who has reserved the usufruct of the property donated I*H4K
ii. 4'cusedCallowed by owner; not re8uired by law or no one will be in)ured I*H*K
&ailure to 'i!e Security: o"ner may demand that:
() immo!able be placed under administration
*) +et income may be con!erted into registered certificates or deposited in ban,
-) .apital / proceeds of sale of mo!ables be in!ested in safe securities(0nterest on
proceeds or property under administration belong to the usufructuary)
1) Retain property as administrator but "ith obligation to deli!er net proceeds(after deducting
expenses of administration agreed upon or udicially allo"ed) to usufructuary until he gi!es
sufficient security)
31
PROPERTY
22 .ourt may grant petition not to deli!er the furniture% implements or tools necessary for use of
the usufructuary or industry as security and that he and his family be allo"ed to li!e in the
house included in the usufruct% but he must ta,e an oath) 34567
22 8"ner may refuse that articles "ith artistic or sentimental !alue be sold) These shall be
deli!ered to him if he gi!es security to the usufructuary for the payment of legal interest on
their appraised !alue)34567
22 9hen the Security gi!en% usufructuary has a right to proceeds and benefits to the day he is
entitled to recei!e them(455)
T:8SE D;R0+' T:E ;S;&R;.T
4. Ta#e care property with diligence of a good father of a family I*HJK
*. 3iability for negligence or fault of substitute I*J0K
+. >f usufruct is constituted on animalsCduty bound to replace dead animals that die from natural
causes or became prey;
if all of them perish wFo fault but due to contagious diseaseFuncommon eventCdeliver those that
are saved;
if perish in part due to accidentCcontinue on remaining portion
>f usufruct was constituted on sterile animalsCas if fungible$ may be replaced of same #ind and
8uality. I*J1K
,. 2bliged to ma#e ordinary repairs. (28rdinary Repairs$ re#uired by "ear and tear due to natural
use of the thing and are indispensable for its preser!ation)
H. /otify the owner when the need for e'traordinary repairs is urgent I*J"K
J. 6ermit wor#s and improvements by the na#ed owner not pre)udicial to the usufruct I*J*K
10. 6ayment of annual charges and ta'es affecting fruits I*J+K
11. 6ay debts when the usufruct is constituted on the whole of a patrimony I*JHK
G 6reviously contracted debts only unless there is a contrary stipulation
G /ot liable for debts in e'cess of the value of the assets received unless contrary is intended
1!. /otify owner of any pre)udicial act committed by "
rd
persons I+01K
1". 6ay court e'penses and costs regarding usufruct I+0!K
T:8SE <T T:E TER=0+<T08+ 8& T:E ;S;&R;.T
14. 0eturn the thing in usufruct to the na#ed owner unless there is a right of retention pertaining to
him (usufructuary) or his heirs for e'traordinary e'penses or ta'es it paid I+1!K
1*. 6ayment of the legal interest on the amount e'pended by owner for e'traordinary repairs I*J4K
1+. 6ayment of proper interest on the ta'es on capital paid by the owner I*J,K
1,. >ndemnify the na#ed owner for any losses due to his negligence or of his transferees I*HJ-*J0K
RIGHTS OF NAKED OWNER
1. -lienate thing
!. Bonstruct any wor#s and ma#e any improvement or plantings (if rural) provided it does not
diminish the value of usufruct or pre)udice the right of usufructuary I*J*K
". 0ight to occupy the land and to ma#e use of materials on 5sufruct of a (uilding which was
destroyed and a new building was constructed by owner I+0,.!K
4. Demand the return of the thing if the abuse should cause considerable in)ury to him (owner)$ but
shall pay annual net proceeds less e'penses of administration I+10K
32
PROPERTY
O+&IGATIONS OF NAKED OWNER
1. 4'traordinary 4'penses
!. 4'penses after renunciation of usufruct
". Ta'es and e'penses imposed directly on capital
4. 3iable for whatever may be lost by the usufructuary in usufruct of mortgaged immovables if
these were sold.
*. >f e'propriated for public useCowner may replace it or pay legal interest to usufructuary of net
proceeds of the same. I+0JK
+. 6ay 5sufructuary the interest on the value (this actually is the insurance received for the
destroyed building) of the land occupied and materials used by na#ed owner after constructing a
replacement building in 5sufruct of a (uilding which was destroyed. I+0,.!K
,. 6ay annual net proceeds less e'penses of administration if he demanded return of the thing
after it was found out to be in bad use and causes in)ury to him I+10K
S"ecial %su5ructs #$OC-(9-$DC'
1. 2f "ension or income (*,0)
!. 2f property owned in common (*H!)
". 2f cattleFlivestoc# (*J1)
4. 2n 6ineyards and woodlands (*,*-*,+)
*. 2n 0ortgaged 6roperty (+00)
+. 2ver the entire "atrimony (*JH)
,. 2ver the things which gradually ,eteriorate (*,")
H. 2f consumable property
EATING%ISH9ENT OF %S%FR%CT%AR: M8>3N MDE9ET-T$N
1. Death of 5sufructuaryCunless contrary intention appears
!. E'piration of period of usufruct
". 9erger of usufruct and ownership
4. E'press renunciation of usufructuary
*. Total loss of thing
+. Termination of the right of the person constituting the usufruct
,. $rescription
GThing 3oss in 6art$ right on the remaining part continues I+04K
G5sufruct cannot be constituted in favor of town$ corporation or association for more than *0
yearsI+0*K
G5sufruct with duration dependent on the age of a person (e'pires when person attains a certain
age) subsists even if such person die before the period e'pires unless usufruct is e'pressly
granted only in consideration of the e'istence of such person I+0+K
G 5sufruct in favor of several persons not e'tinguished until death of last survivor I+11K
EASE9ENTS OR SER(IT%DES
33
PROPERTY
Ease0ent- an encumbrance imposed upon an immovable for the benefit of another immovable
belonging to a different owner. The immovable in favor of which the easement is established is
called the ,o0inant estate@ that which is sub)ect thereto$ the ser6ient estate.
Di55erences +et.een Ser6itu,e An, Ease0ent
1. =ervitude is the term used in Bivil 3aw Bountries li#e =pain$ while easement is used in common-
law countries li#e 4ngland
!. =ervitude is broader in scope. >n common law$ easement is )ust one form of servitude.
". =ervitude in Bivil 3aw refers to both real easement (predial) or to a personal easement. :hile in
common law easement is always predial or real easement.
C-aracteristics o5 Ease0ent or Ser6itu,e
1. 0eal right but will affect third persons only when registered.
!. >t is en)oyed over another immovable. (The immo!able is understood in its common meaning
such as lands% buildings% roads and constructions attached to the soil) 0t is not understood in its
legal sense under <rticle 1(4 "here e!en birds and fish may be considered immo!able properties))
". >nvolves two neighboring estates. (The other property must be o"ned by another o"ner))
4. >t is inseparable from the estate to which it is attached and therefore cannot be alienated
independently of the estate. I+1,K
*. >t is indivisible I+1HK
+. 0ight is limited by the needs of the dominant owner or estate without possession
,. >t cannot consist in the doing of an act unless the act is accessory in relation to a real easement.
H. >t is a limitation on the servientEs ownerEs rights of ownership for the benefit of the dominant
owner and therefore it is not presumed.
J. >ts cause must be perpetual (as long as the dominant andFor the servient estate e'ists unless
sooner e'tinguished by the causes enumerated by law)
C&ASSIFICATION
1. -ccording to the <anner they are e'ercised. I+1*K
a. BontinuousCtheir use is incessant or may be incessant without the intervention of any act of
man.
4'amplesA
i. 4asement of a8ueduct
ii. 4asement of right to support a beam on anotherEs wall
iii. 4asement of light and view
b. DiscontinuousCused at intervals and depend upon the acts of man.
4'ampleA 4asement of right of way
!. -ccording to 6resence of =igns >ndicative of their e'istence I+1*K
a. -pparentCthose which are made #nown and continually #ept in view by e'ternal signs
revealing their use and en)oyment by the owner of the dominant estate.
4'ampleA
i. :indow in a party wall which is visible to owners of the party wall
ii. 0ight of way if there is a permanent path constructed.
iii. 4asement of Dam
Exception: -n easement of a8ueduct is always considered apparent for legal purposes I+4+K
b. /on--pparentCthose which do not show signs of their use and en)oyment.
34
PROPERTY
4'ampleA
i. 4asement of lateral and sub)acent support
ii. 4asement of intermediate distance I+,JK
iii. 4asement of right of way if there is no visible pathway or alley.
iv. 4asement of not building to more than a certain height
". -ccording to purpose of easement or the nature of limitation or obligation of servient owner I+1+K
a. 6ositiveCone which imposes the duty on the owner of the servient estate to do something or
to allow something to be done by the owner of the dominant estate. (=40?>T5D4= 2
=540-/B4 or >/T05=>2/)
4'amplesA
i. >f branches of a tree e'tend over a neighboring estate$ the owner of the latter estate has
the right to demand from the owner of the tree the cutting of the overreaching branches I+H0K.
ii. >f the roots of the tree would penetrate into the land of another$ the owner of the tree
(servient estate) has the obligation to allow the cutting of the invading roots I+H0.!K
iii. 4asement of light and view in a party wall I++H.1K
iv. 4asement of right of way
b. /egativeCone which prohibits the owner of the servient estate from doing something which
he could lawfully do if the easement did not e'ist. (-lso called =40?>T5D4= 2 -(=T4/T>2/ or
3><>T-T>2/ or 04=T0>BT>2/
4'amplesA
i. 4asement of light created by the ma#ing of an opening in oneEs own wall below the ceiling
)oists.I++JK The owner of the other tenement cannot construct anything which will obstruct the entry
of light. :ere it not for the easement$ the owner of the servient estate can construct structures on
his own tenement that could obstruct the light passing through the said opening. %owever$ the
dominant owner can ob)ect to the construction of any barring structures only after the lapse of ten
years following the receipt by the servient owner of a notarial prohibition restraining him from
ma#ing such bloc#ing structures. I++HK
ii. 4asement not to build higher structure which will bloc# the easement
4. -ccording to party given the benefit
a. real (or predial)Cfor the benefit of another belonging to a different owner.
4'ampleA
i. 4asement of water where lower estates are obliged to allow water naturally descending
from upper estates to flow into them. (/atural Drainage) I+",K
b. personalCfor the benefit of one or more persons or community
4'ampleA
i. 4asement of right of way for passage of livestoc# I+*,K
*. -ccording to right given
a. 0ight to partially use the servient estate. Ex) Right of 9ay
b. 0ight to get specific materials or ob)ects from the servient estate. Ex) Easement of Dra"ing
9ater
c. 0ight to participate in ownership. Ex) Easement of Party 9all
d. 0ight to impede or prevent the neighboring estate from performing a specific act of
ownership. Ex) Easement of intermediate distances as "hen the ser!ient estate cannot plant trees
">o obser!ing certain distances)
35
PROPERTY
+. -ccording to source or origin
a. ?oluntaryCconstituted by will or agreement of the parties or by a testator.
b. <i'edCcreated partly by agreement and partly by law
c. 3egalCconstituted by law for public use or for private interest
9ODES o5 ACH%IRING EASE9ENTS
>. (y Title
1. discontinous and apparent
!. continuous and non-apparent
". discontinous and non-apparent
>>. (y Title 1 6resciption(10 years irrespective of good faith or bad faith)
1. continuous and apparent
GGBomputation of time of 6ossession for ac8uisition through prescription I+!1K
6ositiveA rom the day the dominant estate began to e'ercise the right (i.e. regarding a
window in a party wall$ from the day the opening or window was built I++HK )
/egativeA rom the time /otarial 6rohibition was made on the servient estate.
>>>. (y Deed of 0ecognition I+!"K
>?. (y inal Mudgment I+!"K
?. (y -pparent sign established by the owner of two ad)oining estates should either of the estates
are alienated$ unless at the time the ownership is divided the contrary is provided in the title of
conveyance 20 sign removed before e'ecution of deed I+!4K
?>. (y 4'proriation
G-bsence of a document or proof showing origin of an easement wFc cannot be ac8uired by
prescription may be cured by a deed of recognition by the owner of the servient estate 20 by a
final )udgment
RIGHTS OF THE DO9INANT ESTATE OWNER #E9RA'
1. E'ercise the easement and all necessary rights for its use including accessory easement I+!*K
!. 9a#e on the servient estate all wor#s necessary for the use and preservation of the servitude$
(5T
a. <ust be at his own e'pense
b. <ust notify the servient owner
c. =elect convenient time and manner
d. <ust not alter the easement nor render it more burdensome I+!,.1K
". Renounce totally the easement if he desires e'emption from contribution to e'penses I+!HK
4. As# for mandatory in)unction to prevent impairment of his use of the easement I0esolme v.
3a&oK
O+&IGATIONS OF THE DO9INANT ESTATE OWNER MANCCN
1. Bannot alter the easement or render it more burdensome I+!,.1K
!. Notify the servient owner of wor#s necessary for the use and preservation of the servitude
I+!,.!K
". Choose the most convenient time and manner in ma#ing the necessary wor#s as to cause the
least inconvenience to the servient owner I+!,.!K
36
PROPERTY
4. Contribute to the necessary e'penses if there are several dominant estates in proportion to the
benefits derived from the wor#s I+!H.1K
RIGHTS OF THE SER(IENT ESTATE OWNER MR%CN
1. Retain ownership and possession of the portion of the estate on which the easement is
established I+"0K$ even if indemnity for the right is given (as in the case of easement of right of
way) I+4JK$ unless the contrary has been stipulated.
!. %se the easement unless deprived by stipulation provided that the e'ercise of the easement is
not adversely affected I+"0K and provided further that he contributes to the e'penses in proportion
to benefits receives$ unless thereEs an agreement to the contrary I+!H.!K
". C-an2e the place or manner of the use of the easement$ provided that an e8ually convenient
substitute is made$ wFo in)ury to the dominant estate. I+!J.!K
O+&IGATIONS OF THE SER(IENT ESTATE OWNER #$RIC'
1. $a1 for e'penses incurred for the change of location or form of the easement I+!J.!K
!. >n case of impairment$ restore conditions to status 8uo at his e'pense plus damages. (Paras%
citing Sanche? Roman)
(0n case of obstruction% as "hen the ser!ient o"ner fences the original right of "ay% and offers
an incon!enient substitute% "hich is farther and re#uires turning at a sharp angle% he may be
restrained by inunction@Resolme !) La?o)
") Bannot impair the use of the easement I+!J.1K
4. Contribute to the e'penses in case he uses the easement$ unless there is a contrary stipulation.
I+!H.!K
9ODES OF EATING%ISH9ENT OF EASE9ENTS M831N #9N +ERR'
1. 9ERGER in the same person of the ownership of the dominant and servient estates.
G<erger must be absolute$ complete$ not temporary.
!. NON-%SER for 10 Rears.
%ow computedS 1. DiscontinuousA from the day on which they ceased to be used
!. BontinuousA from the day on which an act contrary to the same too# place
G5se by at least one co-owner of the dominant estate of the easement prevents prescription as
to the others inasmuch as an easement is indivisible. I+""K
". +AD CONDITION of either or both of the tenement$ in such a case that it cannot be used. ((ut
shall revive if the subse8uent condition again permit its use unless prescription ta#es place.
4. EA$IRATION of the term of the fulfilment of the condition$ if easement is temporary or
conditional.
*. REN%NCIATION of the owner of the dominant estate
+. REDE9$TION agreed upon between the owners of the dominant and servient estates.
&EGA& EASE9ENTS- are those imposed by law having their ob)ect either public use or the
interest of private persons. They shall be governed by the special laws and regulations relating
thereto$ and in the absence thereof$ by the Bivil Bode.
KINDS #WR$& DIA&'
1. 4asement 0elating to Waters
37
PROPERTY
!. 4asement of Right of :ay
". 4asement of $arty :all
4. 4asement of &ight and ?iew
*. Drainage of (uilding
+. Intermediate Distances and :or#s for Bertain Bonstructions and 6lantings
,. 4asement Against /uisance
H. &ateral and =ub)acent =upport
EASE9ENTS RE&ATING TO WATERS MDD R DD ACN
1. /atural Drainage of 3ands I+",K
!. /atural Drainage of (uildings I+,4K
". 4asement on riparian ban#s for navigation$ floatage$ fishing$ salvage and towpath I+"HK
4. 4asement of a ,am I+"J$ +4,K
*. 4asement for ,rawing water or for watering animals I+40-+41K
+. 4asement of a8ueduct I+4"-+4+K
,. 4asement for the construction of a stop loc# or sluice gate I+4,K
+atural Drainage of Lands
2Ser!ient Estate o"ner cannot construct "or,s that "ould di!ert the flo" of "ater or burden
another tenement% nor enclosed his land by ditches or fences "hich "ould impede the flo"
2Dominant Estate o"ner cannot collect "ater% nor increase the !elocity of the descent by maing
the ground more imper!ious or less absorbent% but he may construct "or,s pre!enting erosion
3La" on 9aters7)
20f the descending "aters are the result of artificial de!elopment or proceed from industrial
establishments recently set up or are the o!erflo" from irrigation dams% the o"ner of the lo"er
estate shall be entitled to compensation for his loss or damage) (La" on 9aters)
Drainage of Auildings
28"ner of Auilding must construct its roof in such manner that the rain "ater falls on his o"n
land or on a street or public place)
28"ner is obliged to collect the "ater "ithout causing damage to the adacent land or tenement)
3B617
20f Tenement or Land is subect to easement of recei!ing "ater falling from roofs@o"ner of
such tenement may build in such manner as to recei!e the "ater upon his o"n roof or gi!e it
another outlet 3B647)) This is applicable in places "here buildings are constructed in mountainous
or ele!ated areas and roofings are of different heights) Those in the lo"er areas may be recei!ing
in their roofs rain "ater coming or falling from neighboring roofs) Ser!ient o"ner should pro!ide an
outet for the passage of falling "ater to public street)
28utlet of Rain 9ater through surrounding houses@li,e compulsory easement of right of "ay)
.onditions: (a) +o ade#uate outlet for rain "ater
(b) 8utlet must be at the point of easiest egress
(c) least possible damage
(d) payment of proper indemnity 3B6B7
Easements along Riparian Aan,s
2This "hether the ban, be pri!ate or public and "hether the ri!er be na!igable or not) 3B-57
2Entire Length and 9idth of Cone Aurdened of - meters along the ri!er margins
Easements of T89 P<T:
38
PROPERTY
2To"path: road or trac, that runs alongside the ban,s of a ri!er% canal or other inland "ater"ay%
the purpose of "hich is to allo" a land !ehicle% animal or a team of human pullers to to" a boat%
often a barge)
2Aan,s must be na!igable or floatable ri!ers) 3B-57
29idth Cone: (a) * meters@animals (b) ( meter@pedestrians
Easement of a Dam
2Purpose: To di!ert or ta,e "ater from a ri!er or broo, or for the use of any other continuous or
discontinous stream)
2Person "ho is to construct and not the o"ner of the supporting lands or ban,s must pay
indemnity) 3B-D7
.onstruction of stop loc, or sluice gate 3B167
2Re#uisites: (a) Purpose must be for irrigation or impro!ement
(b) .onstruction must be on the estate of another
(c) Damages must be paid
(d) Third persons should not be preudiced
Easement for dra"ing "ater or for "atering animals
28nly for reasons of public use in fa!or of a to"n or !illage after indemnity) 3B1E7
2Ser!ient estates o"ners has obligation to allo" passage to persons and animals to place
"here easements are to be used% also "ith indemnity 3B1(7 Right of "ay ha!e a maximum "idth of
(E meters% "hich cannot be altered by o"ners of the ser!ient estates) :o"e!er% the direction of the
path may be changed% pro!ided use of easement is not preudiced)
Easement of <#ueduct
2 Re#uisites: Dominant estate o"ner must 3B1-7 -&./0
() &ro!e that he can dispose of the "ater and that it is sufficient for the use for "hich it is
intended)
*) .ho" that the proposed right of "ay is the most con!enient and the least onerous to -
rd
persons
-) /ndemnify the o"ner of the ser!ient estate
2 .annot be imposed on buildings% courtyards% annexes or outhouses or orchards or gardens
already existing)(for pri!ate interests) 3B117
2 Possible 9ays: (a) .onstruction of an open or co!ered canal (b) construction of tubes or pipes
2 Ser!ient o"ner may still enclose or fence the ser!ient estate or e!en build o!er the a#ueduct
so long as no damage is caused or repairs and cleanings become impossible) 3B147
EASE9ENT OF RIGHT OF WA:
-easement or privilege by which one person or a particular class of persons is allowed to pass over
anotherEs land$ usually through one particular path or line.
0e8uisitesA I+*0K #OANI&I'
1. Blaimant must be o.ner of enclosed immovable or one with real right.
!. There must be no a,eGuate outlet to a public highway.
". The right of way must be absolutely necessar1.
39
PROPERTY
4. The isolation must not be due to the claimantEs own act.
*. The easement must be established at the point least pre)udicial to the servient estate.
+. There must be payment of proper in,e0nit1.
G(asis of >ndemnityA I+4JK
a. 6ermanent 6assageA ?alue of 3and occupied T -mount of Damage to =ervient 4state
b. /ecessary 6assage (i.e. cultivation of estate)A -mount of Damage
G :idth is dependent on the sufficient needs of the dominant estate I+*1K
G >f the land conveyed by the grantor (i.e. vendor$ co-owner$ e'changer) is surrounded by his
(grantorEs) other estates he shall be obliged to grant right of way wFo indemnity to him.. >n case of
simple donation$ donor is indemnified if a right of way is established I+*!K
G >f it is the land of the grantor that was isolated he may demand a right of way after paying
indemnity.. The donor however is not re8uired to pay indemnity. I+*"K
G >f right of way is permanentCnecessary repairs are made by the dominant estate owner.. %e
shall pay a proportionate share of ta'es to servient estate (-ccording to 6aras 76roportionate9
means the :%234 ta' for the whole estate) I+*4K
C EATING%ISH9ENT OF EASE9ENT OF RIGHT OF WA:#&e2al*Co0"ulsor1 Ri2-t o5 Wa1'
M877N Q/ot automatic as the law says servient owner 7may demand9
1. 2pening of a new road
!. Moining the dominant estate to another(that is the latter becomes also the property of the
dominant owner) which abuts and therefore has access to the public highway. PThe new access
must be ade8uate and convenientQ
GTemporary Easement of Right of 9ayA -s when it is indispensable for the construction$ repair$
improvement$ alteration or beautification of a building to carry materials to estate of another. I+*+K
GEasement of Right of 9ay for the Passage of Li!estoc,: I+*,K
:idth (<a'imum)A a. -nimal 6athC,* meters
b. -nimal TrailC",.* meters
c. 6assageway for animals under +40F+41 for wateringC10 meters
EASE9ENT OF $ART: WA&&
-refers to all those mass of rights and obligations emanating from the e'istence and common
en)oyment of wall$ fence$ enclosures or hedges by the owners of ad)acent buildings and estates
separated by such ob)ects.
$ART: WA&&La common wall which separates two estates built by common agreement at the
dividing line such that it occupies a portion of both estates on e8ual parts. >t is a forced co-
ownership.
$ART: WA&& 6s. CO-OWNERSHI$
$ART: WA&& CO-OWNERSHI$
=hares of parties cannot be physically
segregated but they can be physically
identified
=hares of the co-owners can be divided
and separated physically but before such
division$ a co-owner cannot pinpoint to any
definite portion of the property as
belonging to him
/o limitation as to use of the party wall for
e'clusive benefit of a party
/one of the co-owners may use the
community property for his e'clusive
benefit
2wner may free himself from contributing 6artial renunciation is allowed
40
PROPERTY
to the cost of repairs and construction of a
party wall by renouncing all his rights
thereto
$RES%9$TION THAT A WA&& IS A $ART: WA&& M87=N
1. Dividing walls of ad)oining buildings up to the point of common elevation
!. Dividing walls of gardens or yards situated in cities$ towns or in rural communities
". ences$ walls and live hedges dividing rural lands
%ow 6resumption rebuttedS
a. Title to the contrary
b. 4'terior signs to the contrary
c. 6roof to the contrary
GTitle prevails over a mere e'terior sign.
EATERIOR SIGNS NEGATI(ING EAISTENCE OF $ART: WA&& M88>N #WO++ CSI'
(1) :henever in the dividing wall of buildings t-ere is a .in,o. or o"enin2
(!) :henever the dividing wall is$ on one si,e? strai2-t an, "lu04 on all its facement$ and on the
other$ it has similar conditions on the upper part$ but the lower part slants or pro)ects outward;
(") :henever the entire wall is built .it-in t-e 4oun,aries of one of the estates;
(4) :henever the dividing wall 4ears t-e 4ur,en o5 t-e 4in,in2 4ea0s$ floors and roof frame of
one of the buildings$ but not those of the others;
(*) :henever the dividing wall between courtyards$ gardens$ and tenements is constructed in such
a way that the co"in2 s-e,s t-e .ater u"on onl1 one o5 t-e estates;
G"oping# highest or co!ering course of a "all often of tile and usually "ith a sloping top to carry
off "ater and commonly cut "ith a drip
(+) :henever the dividing wall$ being built of 0asonr1$ has ste""in2 stones$ which at certain
intervals pro)ect from the surface on one side only$ but not on the other;
(,) :henever lands inclose, by fences or live hedges ad)oin others which are not inclosed.
G 6resumption of party wall applies to ditches and drains opened between two estates. (ut there is
a rebuttable presumptionA if a deposit of dirt is on one side alone$ owner of that side is considered
owner of the ditch. I++1K
G 6roportionate contribution to repairs and construction similar to co-ownership$ unless there is
total renunciation of the share of one owner$ the latter is e'empt I++!K
G :hen owner of the building supported by a party wall desires to demolish the building he may
also renounce his part-ownership of the wall. %e however bears the cost of repairs necessary to
prevent damage which the demolition may cause. I++"K
G Re1!isites for /ncreasing the 2eight of the &arty Wall M88)N MD$ +$ RGN
1. <ust ,o so at his own e'pense
!. <ust "ay the necessary damages caused even if damage is temporary
". <ust 4ear the costs of maintenance of the portion added
4. <ust "ay for the increased cost of preservation
*. <ust reconstruct if original wall cannot bear the increased height
+. <ust 2ive the necessary additional space of his land if wall is to be thic#ened
41
PROPERTY
G2ne desiring the increase height or depth shall be the e'clusive owner of the additions$ unless the
other owners(who have not contributed in increasing height or depth) pay proportionally the value
of the wor# at the time of the ac8uisition by other persons outside the original part-ownership and
of the land used for its thic#ness. I++*K
G 5se by the co-owners of the wall is in proportion to their right in the co-ownership. I+++K
EASE9ENT OF &IGHT AND (IEW
G Bonsent of part-owners of a party wall necessary in opening a window I++,K
%asement of Light- right to admit light from the neighboring estate by !irtue of the opening of a
"indo" or the ma,ing of certain openings)
%asement of 3iew-right to ma,e openings or "indo"s to enoy the !ie" through the estate of
another and the po"er to pre!ent all constructions or "or,s "hich "ould obstruct such !ie" or
ma,e the same difficult)
G6eriod of 6rescription how countedS I++HK
a. rom the time the opening of the window if it is through a party wall
b. rom the time of the formal prohibition upon the proprietor of the ad)oining land or tenement$
if the window is through a wall on the dominant estate.
G :hen distances under -rt. +,0 not observed$ owner of a wall wFc is not a party wall ad)oining a
tenement or a piece of land belonging to another may ma#e in it openings to admit 3>G%TA I++JK
i. <a'imum si&eC"0cm. s8uare
ii. There must be an iron grating imbedded in the wall
iii. There must be a wire screen
--This is referred to as 04=T0>BT4D :>/D2:=
G0ules for 04G53-0 :>/D2:= (+,0)
Direct Fie"A -t least ! meters distance between the wall having the windows and the boundary
line.
--This is measured from the outer line of the wall when the openings do not pro)ect 20 from
the outer line of the openings when they pro)ect I+,1K
Side>8bli#ue Fie"A -t least +0 centimeters between the boundary line and nearest edge of the
window (=antos v. 0ufino)
--This is measured from the dividing line between the two properties.
Direct 3iew@gaining of direct sigt from an opening in a "all parallel to the boundary line ">o
ha!ing to extend out or turn oneGs head to see the adoining tenement)
.ide,obli1!e *iew@gaining of sight of the other tenement from an opening made at an angle
"ith the boundary line% such that to be able to see the adoining tenement there is a necessity for
putting out or turning oneGs head either to the left or to the right)
42
PROPERTY
G Distances in -rt. +,0 applicable to buildings separated by a public way or a public alley which is
not less than " meters wide. I+,!K
G :hen a right has been ac8uired to have direct views$ the owner of the servient estate cannot
build thereon at less than a distance of " meters. -ny stipulation permitting distances less than the
prescribed under -rt. +,0 is void. I+,"K
INTER9EDIATE DISTANCES AND WORKS FOR CERTAIN CONSTR%CTIONS AND
$&ANTINGS
G/o constructions and plantings near fortified places or fortresses I+,,K
--ortified 6lacesFfortressesCmilitary structure for the defense of the =tate against foreign
aggression.
GBonstruction of -8ueduct$ :ells$ sewers$ furnace$ forge$ chimney$ stable$ depository of corrosive
substances$ machinery or factory wFc are dangerous or no'ious not should observe the distances
prescribed regulations and customs of the place. /o waiver or alteration by stipulation is allowed
for reasons of public safety. I+,HK
G 6lanting of trees sub)ect to distances provided by ordinances or customs if there be none. >f both
not presentA I+,JK
a. Tall treesC! meters(minimum) from boundary line to center of the tree
b. =mall trees or shrubsC*0 cm.(minimum) from boundary line to center of tree or shrub
--This is applicable even if trees have grown spontaneously.
G ruits naturally falling upon ad)acent land belong to the owner of said land I+H1K
EASE9ENT AGAINST N%ISANCE
--orms of /uisance I+H!K4$-'O.2-DW56
1. noise
!. Farring
". offensive odor
4. smo#e
*. -eat
+. ,ust
,. .ater
H. 2lare
43
PROPERTY
&ATERA& AND S%+DACENT S%$$ORT
&ateral Su""ort--support when the supported and supporting lands are divided by a vertical
plane$ which if diminished through diggings or e'cavations may cause crumbling or sliding of
the neighboring land.
Su4Facent Su""ortLsupport when the supported land is above and the supporting land is
beneath it$ which if diminished through diggings or e'cavations may cause sin#ing of the
neighboring land.
G -ny stipulaton or testamentary provision allowing e'cavations that cause danger to an
ad)acent land or building shall be void I+H*K
G -pplicability is not only for standing buildings but also for future ones to be erected. I+H+K
(O&%NTAR: EASE9ENTS
G Bonsent of the usufructuary is not necessary if the /a#ed 2wner imposes any servitude on
the land or tenement as long as it does not in)ure the usufructuary. I+HJK
G (oth the na#ed and beneficial ownerEs consent is necessary if a perpetual voluntary easement
is to be established I+J0K
G Bonsent of all co-owners necessary in order to impose an easement over the undivided
tenement or land. Bonsent need not be given simultaneously. (ut once a co-owner gave his
consent he cannot revo#e it. I+J1K
G Governing 0ules for ?oluntary 4asementsA I+J!K
a. >f created by title$ title governs and Bivil code is suppletory
b. >f created by prescription$ form and manner in which it had been ac8uired governs$ Bivil
code is suppletory.
G :hen servient estate owner bound himself to pay the cost of maintenance wor#$ he may free
himself if he renounces his property to the dominant estate owner I+J"K
N%ISANCE M8=)N
-- -ny act$ omission$ establishment$ business$ condition of property or anything else which
MIASOHN
1. In)ures or endangers the health or safety of others (4'. actory causing pollution or
house in danger of falling)
!. Annoys or offends the senses (4'. Garbage cans$ too much blowing of horns)
". Shoc#s$ defies$ or disregards decency or morality (4'. %ouse of prostitution)
4. Obstructs or interferes with the free passage of any public highway or street or any
body of water (4'. <ar#et =talls constructed on streets)
*. Hinders or impairs the use of property (4'. >llegal construction on anotherEs land)
Ne2li2ence 6s. Nuisance
$egligence $!isance
(asis 3iability is based on lac# of
proper care or diligence
3iability attached regardless of
the degree of care or s#ill
e'ercised to avoid in)ury
Bondition of the act -ct complained of is already
done which caused in)ury to
the plaintiff
There is continuing harm
being suffered by the
aggrieved party by the
maintenance of the act or
thing which constitutes the
nuisance
-batement -batement is not available as
a remedy. The action is for
damages.
-batement wFo )udicial
proceedings is allowed to
suppress the nuisance
Nuisance 6s. Tres"ass
-->n trespass there is entry into anotherEs property$ this is not necessarily so in nuisance.
-->n trespass the in)ury is direct and immediate; in nuisance it is only conse8uential.
44
PROPERTY
C&ASSIFICATION OF N%ISANCE
1. 2ld Blassification
a. nuisance per seCalways a nuisance (4'. %ouse of prostitution)
b. nuisance per accidensCa nuisance only because of the location or other circumstances.
(4'. - noisy factory in a residential district)
!. /ew Blassification
-. -ccording to relief (whether given or not)
i. actionable
ii. non-actionable
(. -ccording to manner of relief
i. those abatable by criminal and civil actions
ii. those abatable only by civil actions
iii. those abatable )udicially
iv. those abatable e'tra-)udicially
B. -ccording to the Bivil Bode
i. 65(3>BCaffets a community or neighborhood or any considerable number of persons
although the e'tent of annoyance$ danger or damage be une8ual. I+J*K
ii. 60>?-T4Cthat which is not public or only affects certain individuals or affects private
rights I+J*K
GThere may be a <>U4D /5>=-/B4 or which affects both public and private. -s when
it affects the community but there is a special in)ury to a private person. 4'ampleA - house
abutting on a street railway trac# is a private nuisance to the railway company and a public
nuisance because it obstructs the street.
DOCTRINE OF ATTRACTI(E N%ISANCE
72ne who maintains on his estate or premises an attractive nuisance (which is a dangerous
instrumentality or appliance which is li#ely to attract children)$ without e'ercising due care to
prevent children from playing therewith or resorting thereto is liable to a child of tender years
who is in)ured thereby$ even if the child is technically a trespasser in the premises.9
--The principal reason for the doctrine is that the condition or appliance in 8uestion although
its danger is apparent to those of age$ is so enticing or alluring to children of tender years as to
induce them to approach$ get on or use it$ and this attractiveness is an implied invitation to such
children.
--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. Thus a
swimming pool or reservoir of water is considered an attractive nuisance.
G =uccessor of a property constitution nuisance is liable if he did not remove itCI+J+K
G -batement for nuisance does not preclude recovery of damages for its past e'istenceCI+J,K
G 3apse of time cannot legali&e any nuisance e'cept$ /on-user for ten years of an easement$
e'. -n easement of a dam which was considered a nuisance was not used for 10 years I+JHK
Re0e,ies a2ainst $u4lic Nuisance
1. Briminal 6rosecution
!. Bivil -ction
". -batement wFo )udicial proceedings
G-ll remedies may be simultaneously pursued
G Bivil action is commenced by the <ayor I,01K
G District health officer determines wFn e'tra-)udicial abatement is the best remedy I,0!K
G - private person may file an action against a public nuisance if it is specially in)urious to him
I,0"K
Con,itions 5or e!tra-Fu,icial a4ate0ent o5 a "u4lic nuisance 41 a "ri6ate "erson
1. Demand to owner or possessor of property
!. Demand was re)ected
". -batement is approved by district health officer and e'ecuted wF local police assistance
4. ?alue of destruction does not e'ceed 6"$000
45
PROPERTY
Re0e,ies a2ainst a "ri6ate nuisance
1. Bivil -ction
!. -batement wFo )udicial proceedings
G - private person in)ured by a private nuisance may abate it by removingFdestroying wFo
committing breach of peace. 6rocedure for e'tra-)udicial abatement of a public nuisance by a
private person is indispensable. I,0+K
G - private person e'tra-)udicially abating a nuisance is liable for damages ifA
a. he causes unnecessary in)ury
b. an alleged nuisance is later declared by courts not a real nuisance I,0,K
REGISTR: OF $RO$ERT:
--has for its ob)ect the inscription or annotation of acts and contracts relating to the ownership
and other rights over immovable property. I,0HK
Re2istrationLany entry made in a boo# or public registry of deeds. i.e. cancellation$
annotation$ marginal notes.
RRe2isterK
This may refer toA
i. the act of recording or annotating
ii. the boo# of registry
iii. the office concerned
iv. the official concerned
T-ree s1ste0s o5 re2istration in t-e $-ili""ines
1. 0egistration under the 3and 0egistration -ct (Torrens =ystem)
!. 0egistration under the =panish <ortgage 3aw
". 0egistration under =ec. 1J4 of the 0evised -dministrative Bode$ as amended by -ct ""44
$ur"oses o5 Re2istration
1. To give true notice of the real status of real property and real rights thereto
!. To pre)udice third persons (unless they have actual #nowledge of the transaction concerned)
I,0JK
". To record acts or contracts (transmissions and modifications of ownership and other eal rights
over real properties) /oteA 0egistration does not validate or cure a defective instrument li#e a
forged deed.
4. To prevent the commission of frauds$ thus insuring the effectivity of real rights over real
property.
G0egistration cannot bind property where it is legally ineffective i.e. registration under wrong
system.
G0egistration does not vest title$ it is not a mode of ac8uiring ownership
GThe boo#s in the 0egistry of 6roperty shall be public for those who have #nown interest in
ascertaining the status of the immovable or real rights annotated or inscribed therein I,10K
G0eference to special laws must be made to determine what titles are sub)ect to registration$ as
wel as the form$ effects and cancellation of registration$ and the manner of #eeping the boo#s
and the value of the entries contained in said boo#s I,11K
9ODES OF ACH%IRING OWNERSHI$ M;12N #O&DTI$S'
1. Occupation
!. &aw
". Donation
4. Tradition
4. Intellectual Breation
+. $rescription
46
PROPERTY
,. Succession
-. 2riginal <odesCindependent of any pre-e'isting or preceding title or right of another
1. 2ccupation
!. >ntellectual Breation or wor#
(. Derivative <odesCsomebody else was the owner before
1. =uccession
!. Donation
". 6rescription
4. 3aw (-lluvium$ accession$ abandonment of river beds$ ad)unction$ fruits falling on
anotherEs land
*. Tradition$ as a conse8uence of certain contracts (li#e sale$ barter$ assignment$ simple loan
or mutuum)
9ODE 6s. TIT&E
Mode (itle
Directly produces real right =erves merely to give occasion for its
ac8uisition or e'istence
6ro'imate cause 0emote cause
The true cause (or process) The )ustification for the process
4ssence of right wFc is to be created or
transmitted
<eans whereby essence is transmitted
Breates a real right Breates a personal right
OCC%$ATION
--The ac8uisition of ownership by sei&ing corporeal things that have no owner$ made with the
intention of ac8uiring them$ and accomplished according to legal rules.
ReGuisites #SCA-IC'
1. There must be sei&ure or apprehension (the material holding is not re8uired as long as
there is right of disposition)
!. The property sei&ed must be corporeal personal property
". The property sei&ed must be susceptible of appropriation (either abandoned property or
unowned property)
4. There must be intent to appropriate
*. The re8uisites or conditions of the law complied with
Things susceptible to 8ccupation I,1"K
1. Things wFo owner
!. animals that are ob)ect of hunting and fishing
". -bandoned movables
4. %idden treasure
G 2wnership of a piece of land cannot be ac8uired by occupation I,14K
G0ight to hunt and fish regulated by special laws I,1*K (such as isheries -ct; -ct 14JJ
prohibition on use of e'plosives and poisons for fishing$ %unting 3aw$ declaring close and open
season)
ANI9A&S M;18*;1;N
1. =warm of bees
-owner shall have a right to pursue them to anotherEs land$ paying damages to the owner
of the latterEs land.
-land owner shall occupyFretain bees if after ! days$ owner did not pursue the bees
!. Domesticated -nimals
-may be redeemed wFin !0 days from occupation of another person; shall pertain to one
who caught them if no redemption made wFin the period
". 6igeons and fish
-when they go to another breeding place$ they shall be owned by the owner thereof
provided they are not enticed.
9O(A+&ES
1. %idden Treasure found on anotherEs property$ rights under 4"H ac8uired I,1HK
47
PROPERTY
!. <ovable found wFc is not treasure I,1JF,!0K
a. must be returned to owner
b. if finder retains$ he may be charged with theft
c. if owner is un#nown$ give to mayor; mayor shall announce the finding of
the movable for two consecutive wee#s
d. if owner does not appear + months after publication$ thing is awarded to
finder
e. if owner appears$ he is obliged to pay 1F10 of value of property to finder
as reward I,!0K
f. if movable is perishable or cannot be #ept wFo deterioration or wFo e'penses it shall
be sold at public auction H days after publication
OCC%$ATION 6s. $OSSESSION
Occu"ation $ossession
<ode of ac8uiring ownership 0aises presumption of ownership (concept of
an owner)
-pplies only corporeal personal property -pplies to both corporeal and incorporeal
The thing is wFo owner Thing is wF owner
There is intent to ac8uire ownership 6ossession may be had in the concept of mere
holder
Ta#es place wF some form of possession Ta#es place wFo occupation
Generally with short duration 5sually ta#es place with longer duration
Bannot lead to another mode of ac8uisition Ban lead to ac8uisition through prescription
OCC%$ATION 6s. $RESCRI$TION
OCC%$ATION $RESCRI$TION
2riginal <ode Derivative <ode
=horter period of possession Generally longer period of possession
INTE&&ECT%A& CREATION
6ersons who may ac8uire ownership through intellectual creation I,!1K
1. The aut-or with regard to his literary$ dramatic$ historical$ legal$ philosophical$ scientific or
other wor#;
!. The co0"oser as to his musical composition;
". The "ainter$ sculptor$ or other artist$ with respect to the product of his art;
4. The scientist or technologist or any other person with regard to his discovery or invention.
:hen ownership ta#es placeS I,!!K
-uthor 1 BomposerC(efore publication (Bopyright 3aws govern after publication)
6ainterF=culptorCbefore copyrighted
=cientistFtechnologistCbefore patented
G2wnership of letters and private communications belong to the person to whom they are
addressed and delivered. 6ublication of such re8uires consent of writer or heirs e'cept for
reasons of public good of interest of )ustice. I,!"K (3etter here means paper with words$
because the ideas or thoughts really belongs to the sender)
Some Terms:
.opyright@an intangible% incorporeal right granted by statute to the author or originator of
certain (literary or artistic productions "hereby he is in!ested% for a specified period% "ith the
sole / exclusi!e pri!ilege of multiplying copies of the same / publishing and selling them)
29or,s of 'o!ernment are exempted from copyrights)
Patent@an exclusi!e right to an in!ention granted to the patentee% his heirs or assigns for
the term thereof (*E years under 0ntellectual Property .ode)
48
PROPERTY
Patent 0nfringement@act of using or selling any patented in!ention ">o authority during the
term of the patent and this includes one "ho induces the infringement)
Patentable@refers to something suitable to be patented) To be patentable% a de!ice% process
or impro!ement must embody a ne" idea or principle not before ,no"n and it must be a
disco!ery as distinguished from mere mechanical s,ill or ,no"ledge)
+ot Patentable:
a) Disco!eries% scientific theories% mathematical methods
b) .omputer Programs
c) =ethods for treatment of human or animal body
d) Plant !arieties or animal breeds
e) <esthetic creations
f) .ontrary to public order or morality
DONATION
---n act of liberality whereby a person disposes gratuitously of a thing or right in favor of another
who accepts it. I,!*K
BharacteristicsA
a. 5nilateralCobligation imposed on the donor
b. BonsensualCperfected at the time donor #nows of the acceptance I,"4K
0e8uisitesA #CIDA'
1. The donor must have ca"acit1 to ma#e the donation of a thing or right
!. %e must have the donative intent (animus donandi) or intent to ma#e the donation out of
liberality to benefit the donee.
". Deli6er1$ whether actual or constructive of the thing or right donated
4. Donee must acce"t or consent to donation
ReGuire0ents o5 a Donation
1. =ub)ect <atterCanything of value; present property 1 not future$ must not impair legitime
!. BausaCanything to support a consideration; generosity$ charity$ goodwill$ past service$ debt
". Bapacity to donate and dispose and accept donation
4. ormCdepends on value of donation
Essential Ele0ents*5eatures o5 a true ,onation
a. -lienation of property by the donor during his lifetime$ which is accepted
b. >rrevocability by the donor
c. -nimus Donandi
d. Bonse8uent impoverishment of the donor (diminution of his assets)
Kin,s o5 Donation
-. -s to consideration
1. =impleCthe cause is pure liberality (no strings attached)
!. 0emuneratoryCpurposeA to reward past services$ with no strings attached. (The services
here do not constitute recoverable debts.) 4'. - donates a parcel of land to ( who had
previously helped him review the bar e'ams.
". <2D-3CpurposeA to reward future services or because of certain future changes or
burdens or charges is less than the value of donation. 4'. - donates to ( a parcel of land worth
6,00. but ( should give - a ring worth 61*0. or teach him certain things$ the value of
instruction being 6J0.
4. 2nerousChere there are burdens$ charges or future service e8ual in value to that of the
thing donated. 4'. - donated land worth 6!< to ( but ( has to give - a ord 4'pedition worth
also 6!<. (Base law provides that this is not really a donation)
(. -s to effectivity
1. inter vivosCta#es effect during the lifetime of the donor
!. mortis causaCta#es effect upon the death of the donor
". in praesentiCto be delivered in future (also considered inter vivos)
49
PROPERTY
4. propter nuptiasCon the occasion of marriage
B. rom the viewpoint of ob)ect donated
1. Borporeal
a. Donations of real property
b. Donations of personal property
!. >ncorporealCdonations of alienable rights
INTER (I(OS 9ORTIS CA%SA
Ta#es effect independently of the donorEs
death
Ta#es effect upon the death of the donor
<ade out of donorEs pure generosity <ade in contemplation of his death without the
intention to lose the thing or its free disposal in
case of survival
Title conveyed to the donee before the donorEs
death
Title conveyed upon donorEs death
?alid if donor survives donee ?oid if donor survives donee
Generally irrevocable during donorEs lifetime
e'cept for grounds provided by law
-lways revocable at anytime and for any
reason before the donorEs death
<ust comply with the formalities re8uired by
3aw on donations
<ust comply with formalities re8uired by 3aw
on =uccession
<ust be accepted by the donee during his
lifetime
Ban only be accepted after the donorEs death
=ub)ect to donorEs ta' =ub)ect to estate ta'
Instances o5 Donation Inter (i6os
1. Donor warrants title to property over which she reserved life time usufruct
!. Donation was accepted by donees who were given limited right of disposition$ with donor
reserving beneficial ownership
". Donation was e'ecuted out of love and affection as well as a recognition of the personal
services tendered by the donee
4. 2wnership and possession of property immediately transferred to donee but his right to fruits
begin only after donorEs death
*. Bauses of revocation specified
+. Donor states that he ma#es a perfect$ irrevocable and consummated donation
,. Donor and donee prohibited from alienating and encumbering the property
H. 5sufruct reserved by the donor
Instances o5 Donation 9ortis Causa
1. 0egistration of deed of donation prohibited
!. Donation to ta#e effect and pass title only by and because of death
". 0ight to dispose and en)oy reserved by donor
G >n case of doubt the conveyance should be deemed <ortis Bausa in order to avoid uncertainty
as to the ownership of the property. The legal principle enunciated in -rt. 1",H applies$ where in
case of gratuitous contracts the least transmission of rights and interests must prevail.
G i'ing of an event or imposition of a suspensive condition$ wFc may ta#e place beyond the
natural e'pectation of life of the donor does not affect the nature of a donation inter vivos unless
a contrary intention appears I,"0K
G Donation sub)ect to the resolutory condition of the donorEs survival is a donation inter vivos
I,"1K
GDonations wF an onerous cause governed by rules on contracts$ in case of remuneratory
donations where the portion e'ceeds the value of burden$ e'cess is governed by contracts and
the remaining$ rules on donations I,""K
50
PROPERTY
W-o 9a1 Gi6e DonationsS -ll persons who may contract and dispose of their property I,"*K
ThereforeA Guardians and trustees cannot donate property entrusted to them I,"+K
G DonorEs capacity determined as of the time of ma#ing the donation I,",K
W-o 0a1 acce"t ,onationsS
1. /atural and )uridical persons wFc are not specially dis8ualified by law. I,"HK
!. <inors 1 other incapacitated
a. by themselves
i. if pure and simple donation
ii. if it does not re8uire written acceptance
b. by guardian$ legal representatives if needs written acceptance
i. natural guardianCnot more than *0.
ii. court appointedCmore than *0.
". Bonceived and unborn child represented by person who would have been guardian if already
born. I,4!K
$ROHI+ITED DONATIONS
1. <ade between persons who are guilty of adultery and concubinage at the time of donation
!. <ade bFw persons found guilty of the same criminal offense in consideration thereof
". <ade to public officers or hisFher spouse$ descendants and ascendants by reason of his
office
4. <ade to the 6riest who heard confession of donor during his last illness or the minister of the
gospel who e'tended spiritual aid to him during the same period
*. <ade to 0elatives of priest wFin the 4
th
civil degree$ church$ order of community where the
priest belongs
+. <ade to a 6hysician$ nurse etc. who too# care of the donor during his last illness
,. <ade by a ward to the guardian before the approval of accounts
H. <ade to an attesting witness to the e'ecution of donation$ if there is any$ or to the spouse$
parents$ or children or anyone claiming under them
J. <ade by individuals$ associations or corporations not permitted by law to ma#e donations
10. <ade by spouses to each other during the marriage or to persons of whom the other spouse
is a presumptive heir.
G Donations of the same thing to two or more different donees governed by the provisions on
Double =ale I,44K
G Donee must accept donation personally or through an authori&ed person with special power of
attorney or one with a general and sufficient power I,4*K
G -cceptance sFd be made during lifetime of both donee and donor I,4+K
Donation o5 9o6a4les M;)<N
2rally or in writing
>f oralCsimultaneous delivery of thing or document representing right re8uired
>f value of personal property e'ceeds 6*$000 donation and acceptance must be in writing
/on-compliance wF foregoing renders donation void.
Donation o5 I00o6a4les M;)=N
<ust be in a public document$ specifying the property donated and the value of charges
the donee should satisfy
-cceptance may be made in the same deed or separately$ but must be made during the
lifetime of donor
-cceptance in a separate document re8uires notification to donor in an authentic form
W-at 0a1 4e 2i6enS &I9ITATIONS ON DONATION OF $RO$ERT: M;7>N
-ll or part donorEs present property provided he reserves sufficient means for the support of
the followingA
a. himself
b. relatives who by law are entitled to his support
51
PROPERTY
c. legitimes shall not be impaired if he has forced heirs
:hen there is no reservation of the abovementioned or if donation is inofficious$ may be
reduced on petition of persons affected.
Donations should not pre)udice "
rd
persons
uture property cannot be donated I,*1K
/oteA -rt. ,*0 does not apply to onerous donation$ mortis causa and propter nuptias(which
cannot be reduced$ as they are only revocable on grounds e'pressly provided by law)
G:hen donation is made to several persons )ointly$ it is understood to be in e8ual shares and
there is no right of accretion among them unless the donor otherwise provides. This rule is not
applicable to donations made to husband and wife )ointly. I,*"K
GDonee is subrogated to all rights of donor in case of eviction. Donor however is not obliged to
warrant the thing donated e'cept when donation is onerous. Donor is liable for hidden defects in
case there is bad faith. I,*4K
GDonor may ma#e reservations to dispose part of the ob)ect donated$ but if he dies it pertains to
the donee. I,**K
GThe donation of na#ed ownership and usufruct may be made to different persons provided all
the donees are living the time of donation I,*+K
G 0eversion may be established in favor of the donor and to other persons(who are living at the
time of donation). =tipulations by the donor in favor of "
rd
persons who are not living at the time
of donation is void but shall not nullify the donation I,*,K
G =tipulation that donee should pay debts of the donor applicable only to debts contracted
previous to the donation$ unless there is an agreement to the contrary. The donee shall not be
responsible to debts e'ceeding the value of property donated$ unless a contrary intention
appears. I,*HK
G Donee is responsible to pay debts even if there is no stipulation if the donation was made in
fraud of creditors. >t is considered in fraud of creditors when the donor did not reserve sufficient
property to pay debts prior to donation I,*JK
EFFECTS OF DONATION
1. Donee may demand the delivery of the thing donated
!. Donee is subrogated to the rights of the donor in the property
". >n donations propter nuptias$ the donor must release the property from encumbrances$ e'cept
servitudes
4. DonorEs warranty e'ists ifA (a) e'pressed (b) donation is propter nuptias (c) donation is
onerous (d) donor is in bad faith
*. :hen the donation is made to several donees )ointly they are entitled to e8ual portions$ wFo
accretion$ unless the contrary is stipulated
RE(OCATION OR RED%CTION OF DONATIONS
RE(OCATION WHEN DONOR DOES NOT HA(E CHI&DREN D%RING DONATION?
CONDITIONS TO TAKE EFFECT M;8>N
a. if the donor after the donation should have legitimate or legitimated or illegitimate children$
even though they be dead
b. if the child of the donor$ whom he believed to be dead should turn out to be alive
c. if the donor should adopt a minor.
--The reduction or revocation is only insofar as it e'ceeds the portion that may be freely
disposed of by will after ta#ing account the whole estate of the donor at the time of e'istence of
the abovementioned events. I,+1K
W-at t-e ,onee 0ust ,o a5ter re,uction or re6ocationS M;82N
1. 0eturn the property.
52
PROPERTY
!. Give the value (usually price of the sale) if it was sold. >f it was mortgaged donor may pay the
debt sub)ect to reimbursement from the donee.
". 0eturn the value at the time of perfection of donation if property lost or totally destroyed.
Prescription of action for re!ocation or reductionA after 4 years from the birth of the first child or
from his legitimation$ recognition or adoption or from )udicial declaration of filiation or from the
time information was received of childEs e'istence. -ction is not renounces and transmitted
upon donorEs death to legitimate and illegitimate children and descendants. I,+"K
GDonation is revo#ed upon failure of the donee to comply with conditions. -ction for revocation
prescribes in four years and also transmissible to heirs and may be e'ercised against doneeEs
heirs. -lienations or mortgages made by donee void. I,+4K
RE(OCATION +: REASON OF INGRATIT%DE M;87N MCIRN
(1) >f 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
(!) >f 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 the act has been committed against the
donee himself$ his wife or children under his authority
(") >f he unduly refuses support to donor when the donee is legally or morally bound to give
support to the donor.
-- -lienations and mortgages effected before the notation of the complaint for revocation in the
0egistry of 6roperty shall subsist. I,++K
-- >f donor cannot recover property to "
rd
persons$ he may recover the value of property(at the
time of donation) to the donee I,+,K
-- -ction cannot be renounced in advance. -ction prescribes wFin 1 year from the time donor
had #nowledge of the fact that it was possible for him to bring the actionI,+JK
29hat fruits must be returned "hen donation is re!o,ed I,+HK
a. ruits accruing from the time action is filed must be returned if the ground is
1. -rticle ,+0 (revocation by donor having no children)
!. >nofficiousness of the donation because the legitime is impaired I,,1K
". >ngratitude I,+*K
b. ruits received after failure to fulfill the conditionFs must be returned if the ground is /on-
Bompliance with any of the conditions imposed. I,+4K
G-ctions are not transmissible to the heirs if the donor did not institute the same.(4ven if donor
died before the 1 year e'piration period).. -nd also actions cannot be brought against the
doneeEs heirs unless the complaint was filed upon his(doneeEs) death. I,,0K
--4'ceptionsA 1. Donee #illed the donor (donor never had the chance to revo#e)
!. :hen donor died wFo #nowing act of ingratitude
PERS8+S 9:8 .<+ <SH &8R T:E RED;.T08+ 8& 0+8&&0.08;S D8+<T08+ upon
donorGs death I,,!K
1. The compulsory heirs of the donor (whether children$ other descendants$ ascendants or
surviving spouse)
!. The heirs and successors-in-interest of the compulsory heirs
PERS8+S 9:8 .<++8T <SH &8R RED;.T08+ 8& 0+8&&0.8;S D8+<T08+ upon
donorGs death I,,!K M(D&CN
1. 6oluntary heirs of the donor (friends$ brothers etc.)
!. ,evisees (recipients of gifts of real property in a will)
". legatees (recipients of gifts of personal property in a will)
4. creditors of the deceased
6rescriptive 6eriod to reduce or revo#eA * Rears from the time of donorEs death
2 Preference on reduction is gi!en to earlier donations% therefore the subse#uent donations
must first be reduced 366-7
Re6ocation 6s. Re,uction
Re6ocation Re,uction
53
PROPERTY
-ffects the whole property regardless of
whether the legitime has been impaired or not
-s a rule only part of the property is affected$
and applies only when legitime is impaired
-s a rule$ for the benefit of the donor -s a rule for the benefit of the heirs of the
donors (because of their legitimes)
-pplicable to cases of supervening birth; non
fulfilment of conditionsFcharges; acts of
ingratitude and inofficious donations
-pplicable to cases of supervening birth and
inofficious donations and when legitimes are
impaired or donor did not reserved for support
of himself and relatives
$RESCRI$TION- a mode by which one ac8uires ownership and other real rights thru lapse of
time; also a means by which one loses ownership$ rights and actions.
Kin,s
1. -c8uisitive 6rescriptionCone ac8uires ownership and other real rights through the lapse of
time in the manner and under the conditions laid down by law.
ReGuisitesA #CT$&'
a. capacity to ac8uire by prescription
b. a thing capable of ac8uisition by prescription
c. "ossession of the thing under certain conditions
d. lapse of time provided by law
a. 2rdinaryCre8uires possession of things in good faith and with )ust title for the time fi'ed by
law. Re1!isites (7778-779:#
6ossession in Good aith (0easonable belief that the person who transferred the
thing is the owner 1 could validly transmit ownership. This must e'ist throughout the
entire period re8uired for prescription)
Must title (through any of the modes recogni&ed by law; must be true and valid; must
be proved)
:ithin the time fi'ed by lawA 9O(A+&ESA a' in G-4 years; 4' wFo conditions-H
years I99O(A+&ES a' 10 years
>n concept of an owner
6ublic$ peaceful and uninterrupted possession (<ust be #nown to the owner of the
thing; ac8uired and maintained wFo violence; no act of deprivation by others)
6ossession is naturall1 interru"te, when through any cause it should cease
for more than one year. The old possession is not revived if a new possession
should be e'ercised by the same adverse claimant. (11!!) Ci6il interru"tion is
produced by )udicial summons to the possessor (11!")
:hen Mudicial =ummons shall be deemed not issuedA (11!4)
a. >f it should be void for lac# of legal solemnities
b. >f the plaintiff should desist from the complaint or should allow the
proceedings to lapse
c. >f the possessor should be absolved from the complaint
-ny e'press or tacit recognition by the possessor of the ownerEs right also
interrupts possession.(11!*)
-rea possessed prevails over the area in the title (11"*)
b. 4'tra-ordinaryCac8uisition of ownership and other real rights without need of title or of good
faith or any other condition
Re1!isites#
1. Must title is proved
!. :ithin the time fi'ed by law
a. H years for movables
b. "0 years for immovables
". in concept of an owner
4. public$ peaceful and uninterrupted
!. 4'tinctive 6rescriptionCrights and actions are lost through the lapse of time in the manner
and under the conditions laid down by law.
54
PROPERTY
DISTINCTION +ETWEEN ACH%ISITI(E AND EATINCTI(E $RESCRI$TION
ACH%ISITI(E EATINCTI(E
0elationship between the occupant and the land in
terms of possession is capable of producing legal
conse8uences; it is the possessor who is the actor
2ne does not loo# to the act of the possessor but to
the neglect of the owner
0e8uires possession by a claimant who is not the
owner
0e8uires inaction of the owner or neglect of one
with a right to bring his action
-pplicable to ownership and other real rights in the
occupant
-pplies to all #inds of rights$ whether real or
personal
0esults in the ac8uisition of ownership or other real
rights in a person as well as the loss of said
ownership or real rights in another
0esults in the loss of a real or personal right or
bars the cause of action to enforce the said right
Ban be proven under the general issue wFo its
being affirmatively pleaded
=hould be affirmatively pleaded and proved to bar
the action or claim of the adverse party
?ests ownership or other real rights in the occupant 6roduces the e'tinction of rights or bars a right of
action
&ac-esLfailure or neglect for an unreasonable and une'plained length of time$ to do that
which$ by e'ercising due diligence$ one could or should have done earlier. >t is negligence or
omission to assert a right within a reasonable time$ warranting a presumption that the party
entitled to assert it either has abandoned it or declined to assert it.
$RESCRI$TION 6s. &ACHES
$RESCRI$TION &ACHES
Boncerned with the fact of delay Boncerned with the effect of delay
- 8uestion or matter of time 6rincipally a 8uestion of ine8uity of permitting
a claim to be enforced$ this ine8uity being
founded on some subse8uent change in the
condition or the relation of the parties
=tatutory /ot statutory
-pplies at law -pplies in e8uity
Bannot be availed of unless it is especially
pleaded as an affirmative allegation
(eing a defense in e8uity$ it need not be
specifically pleaded
(ased on a fi'ed time /ot based on a fi'ed time
W-o 0a1 acGuire 41 "rescri"tion #11>;'
1. 6ersons who are capable of ac8uiring property by other legal modes
!. <inors and other incapacitated personally or through their parents$ guardians or legal
representatives
A2ainst .-o0 $rescri"tion runs #11><' #9A$-DC'
1. 9inors and other incapacitated persons who have parents$ guardians or other legal
representatives
!. Absentees who have administrators$ either appointed by them before their disappearance or
by the courts
". $ersons living abroad who have managers or administrators
4. Duridical persons e'cept the =tate and its subdivisions
*. (etween co-heir or co-ownerC6rescription obtained by one co-heirFco-owner benefits
others(1111)
A2ainst .-o0 $rescri"tion ,oes not run #11>='
1. (etween husband and wife eventhough there be a separation of property agreed upon in the
marriage settlements or by )udicial decree.
!. (etween parents and children during the minority or insanity of the latter
". (etween guardian and ward during the continuance of the guardianship
Renunciation o5 $rescri"tion Alrea,1 O4taine,. ReGuisites #1112'
1. The person renouncing must have capacity to alienate property.
!. The renunciation must refer to prescription already obtained
55
PROPERTY
". >t must be made by the owner of the right$ unless an administrator$ e'ecutor or other legal
representative has been given a special power of attorney
4. >t must not pre)udice the rights of creditors
The right to ac8uire by prescription in the future cannot be renounced (111!)
There is tacit renunciation when the renunciation results from acts which imply
abandonment of the right ac8uired (111!)
/otwithstanding the e'press or tacit renunciation by a person of a prescription already
obtained$ his creditors and all persons interested in ma#ing prescription effective may
still plead prescription for themselves to the e'tent of their credit (1114)
T-in2s su4Fect to $rescri"tion #1113' -ll things wFin the commerce of men$ private property
1 patrimonial property of the state
T-in2s not su4Fect to $rescri"tion
1. 2f 6ublic domain
!. intransmissible rights
". movables possessed through a crime (11"")
4. registered land under 6D 1*!J
R%&ES IN CO9$%TATION OF $ERIOD #113<'
1. 6resent possessor may tac# his possession to that of his grantor or predecessor in interest
!. 6resent possessor presumed to be in continuous possession even with intervening time
unless contrary is proved
". irst day e'cluded$ last day included
$RESCRI$TI(E $ERIOD OF ACTIONS
$rescri"ti6e $erio, Actions
0mprescriptible To declare an ine'istent or void contract
56
PROPERTY
To 8uiet title
To demand a right of way
To bring an action for abatement of public
nuisance
To demand partition in co-ownership
To enforce a trust
6robate of a will
To recover possession of a registered land
under 6D 1*!J by the registered owner
-E Iears real actions over immovables (but not
foreclosure) wFo pre)udice to the ac8uisition of
ownership or real rights by ac8uisitive prescription
(E Iears -ctions upon a written contract
-ctions upon an obligation created by law
-ctions upon a )udgment from the time
)udgment becomes final
-ctions among co-heirs to enforce warranty
against eviction in partition
<ortgage action
5 Iears -ction to recover movables wFo pre)udice to
ac8uisition of title for a shorter period or to the
possessors title under -rts. **J$ 1*0*$ 11""
B Iears -ctions upon an oral contract
-ctions upon a 8uasi-contract
4 Iears -ction for annulment of marriages (e'cept on
the ground of insanity) and for legal separation
counted from the occurrence of the cause
-ctions against the co-heirs for warranty of
solvency of the debtor in credits assigned in
partition
-ction for declaration of the incapacity of an
heir (devisee or legatee) to succeed
-ll other actions whose periods are not fi'ed by
law$ counted from the time action accrues
1 Iears -ction to revo#e donations due to non-
compliance of conditions
-ction to rescind partition of deceasedEs estate
on account of lesion
-ction to claim rescission of contracts
-nnulment of contracts for vice of consent
-ctions upon a 8uasi-delict
-ction to revo#e or reduce donations based on
birth$ appearance or adoption of a child
-ctions upon an in)ury to the rights of the
plaintiff (not arising from contract)
- Iears -ctions under the eight hour labor law
-ctions to recover losses in gambling
<oney claims as a conse8uence of employer-
employee relationship
-ction to impugn legitimacy of a child if the
husband or his heirs reside abroad
* Iears -ction to impugn legitimacy of a child if the
husband or his heirs are not residing in the city or
municipality of birth
( Iear -ction to impugn legitimacy of a child if the
husband or his heirs are residing in the city of
municipality of birth
orcible entry and unlawful detainer
Defamation
0evocation of donation on the ground of
ingratitude
0escission or for damages if immovable is
sold with an apparent burden or servitude
-ction for warranty of solvency in
assignment of credits
57
PROPERTY
B =onths -ctions for warranty against hidden defects
or encumbrances over the thing sold
1E Days 0edhibitory action based on faults or
defects of animals
58