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night. There are just six questions all of which deals with Properties.
Now to continue on the topic of Properties...
Easement
An easement or servitude is an encumbrance imposed upon an immovable
for the benefit of another immovable belonging to a different owner.
Rights and Obligations of the Owners of the Dominant and Servient Estates:
Donations
Donation inter vivos; its characteristics
In Magat vs CA, et al GR No. 106755, Feb 1, 2002, there was an irrevocable
donation in favor of the children by the mother. It however provided that it
cannot be encumbered, alienated or sold and that the property shall remain
in the possession of the donor while she is alive and that the donation shall
take effect after her death.
The Supreme Court held that the donation is one of a donation mortis causa.
3. That the transfer should be void if the transferor should survive the
transferee.
The nature of the donation as mortis causa is confirmed by the fact that the
donation does not contain any clear provision that intends to pass propriety
rights to petitioners prior to Cabatingan’s death. (Reyes vs Mosqueda, 187
SCRA 661; Bonsanto vs CA 95 Phil 481). The phrase “to become effective
upon the death of the Donor” admits of no other interpretation but that the
donor did not intend to transfer the ownership of the properties to
petitioners during her lifetime. The donees themselves expressly confirmed
the donation as mortis causa in the following Acceptance and Attestation
clauses, uniformly found in the subject deeds of donation, to wit:
“That the Donee does hereby accept the foregoing donation mortis causa
under the terms and conditions set forth therein, and avail herself of this
occasion to express her profound gratitude for the kindness and generosity
of the Donor.”
-and-
Signed by the above-named Donor and Donee at the foot of this Deed of
Donation mortis causa, which consists of two (2) pages xxx.”
That the donation was made “in consideration of the love and affection of
the donor” does not qualify the donation as inter vivos because transfers
mortis causa may also be made for the same reason.
Nuisance
A nuisance is any act, omission, establishment, business, condition of
property, or anything else witch:
1) Injures or endaangers the health or safety of others; or
2) Annoys or offends the senses; or
3) Shocks, defies or disregards decency or morality; or
4) Obstructs or interferes with the free passage of any public highway or
stret, or any body of water; or
5) Hinders or impairs the use of property.
Kinds - public and private
Remedies:
1) A prosecution under the RPC or any local ordinance; or
2) A civil action; or
3) Abatement, without judicial proceedings.
Question of the Day
(Lifted from my exam last night)
In what case citation is the doctrine of self-help in property law recognized?
Explain.
- Classification of Properties
- Accession
- Quieting of Title
- Co-ownership
- Possession
- Usufruct
- Easement
- Donations
- Nuisance
Properties may be classified as follows: As to -
a) nature/mobility and non-mobility - immovable or movable
b) ownership - private ownership or public dominion
c) alienability - within the commerce of man or outside the commerce of
man
d) existence - present or future property
e) materiality or immateriality - tangible/corporeal or intangible/incorporeal
f) dependence or importance - principal or accessory
g) capability of substitution - fungible or non-fungible
h) nature of definiteness - generic or specific
g) whether in custodia legis or free property
Immovables
Forms of Natural Accession:
a) Alluvium - is the soil deposited or added to the land adjoining the banks
of the rivers which they gradually receive as an effect of the current of the
waters. To the owners of the land adjoining the bank of the rivers belong the
accretion which they gradually receive from the effects of the current of the
river. (Note: Registration of the accretion must be sought, otherwise it may
be lost thru prescription.)
c) Change of course of a river - River bed which are abandoned through the
natural change of course of a river, ipso facto, belong to the owners whose
lands are occupied by the new course in propertion to the area lost. (Note:
The term "in proportion to the area lost" has no application if there is only
one owner. Such that if A owns the land which is the new river bed, he alone
and no other will benefit in the abandoned river bed.)
Movables
Principle - The accessory thing follows the principal object.
Tests - (a)intention; (b) value; (c) greater in volume;and (d) merit
Quieting of Title
An action to quiet will prosper when the following requisites are present:
a) Existence of an instrument or record or claim or encumbrance or
proceeding;
b) The document appears to be valid or effective;
c) But the document is in truth and in fact, invalid, ineffective, voidable or
unenforceable; and
d) The document is prejudicial to the title.
Co-Ownership
Ownership on an undivided thing or right belongs to two or more persons.
Characteristics - Plurality of subjects, unity of objects, co-owner has no
separate and distinct legal personality from co-owners, no particularity of
portion, creation for collective enjoyment.
Nature - it has the nature of a trust.
Possession
Holding of a thing or enjoyment of a right.
Outline of the effects of possession in good faith and possession in bad faith.
a) Fruits received
1. Possessor in GF -entitled to fruits received while possession is still in GF.
2. Possessor in BF - shall reimburse fruits received of which legitimate
possessor could have received subject to Art. 443.
b) Pending fruits
1. PGF and legitimate possessor shall be liable for expenses of the cultivation
and shall share in the net harvest in proportion to the time of their
possession.
2. PBF - no rights
c) Charges
1. Possessor whether in GF or BF and legitimate possessor shall share in
proportion to the time of their possession.
d) Expenses
Necessary expenses
1. PGF - right of reimbursement and retention
2. PBF - right of reimbursement only
Useful expenses
1. PGF - right of reimbursement, retention and limited right of removal
2. PBF - no right
Ornamental expenses
1. PGF - limited right of removal
2. PBF - limited right of removal
e) Deterioration or loss
1. PGF - no liability, unless due to his fault or negligence after he had
decome PBF
2. PBF - always liable, whether due to his fault or negligence or due to
fortuitous event
Usufruct
Concept - Usufruct gives a right to enjoy the property of another with the
obligation of preserving its form and substance, unless the title constituting
it or the law otherwise provides.