III.

RIGHT OF ACCESSION

Accession the right of the owner of a thing, real or personal, to become
the owner of everything which is produced thereby, or which is incorporated
or attached thereto, either naturally or artificially
Right pertaining to the owner over its products and whatever is
inseparably attached thereto, either naturally or artificially
Does not apply to property belonging to public domain

Accession v. accessory
Accessions are the fruits of, or additions to, or improvements upon, a
thing. It includes in its 3 forms of building, planting and sowing, and
accession natural such as alluvion, avulsion, change of course of
rivers and formation of islands
Accessories are things joined to, or included with, the principal thing
for the latters embellishment, better use or completion (e.g. frame of
a picture, machinery in a factory)
Accessions are not necessary to the principal thing, the accessory
and the principle thing must go together. Both can exist only in
relation to the principal

Accession not a mode of acquiring ownership
Accession is merely a consequence or incidence of ownership.
Accession is an exercise of the right of ownership, an extension of
dominion over a principal thing to an accessory

Kinds of accession
1. Accession discreta the extension of the right of ownership of a
person to the products of a thing which belongs to such person
o Based on the principle of justice for it is just that the owner of a
thing should also own its fruits
o It takes place with respect to: natural fruits, industrial fruits, and
civil fruits
2. Acession continua the extension of a right of ownership of a
person to that which is incorporated or attached to a thing, which
belongs to such person
o Based on convenience and necessity that it is more practical
that the owner of the principal should also own the accessory
instead of establishing a co-ownership
o With respect to real property:
a. Accession industrial (building, planting, sowing)
b. Accession natural (alluvion, avulsion, change of river course,
formation of islands
o With respect to personal property:
a. Conjunction or adjunction which may take place by
inclusion or engraftment, soldadura or attachment, tejido or
weaving, pintura or painting, and escritura or writing
b. Commixtion or confusion
c. Specification

Right of owner to the fruits
General rule: all fruits belong to the owner of a thing
Art 441 refers to accession discreta, the right of the owner of property
by accession to everything which is produced thereby or with respect
to what is produced by property
Natural fruits include other products of animals and industrial fruits
refer to those which are produced by lands.
Exceptions:
a. Possession in good faith by another in which case, the possessor
in good faith is entitled to the fruits received before the possession
is legally interrupted
b. Usufruct in which case the usufructuary is entitled to all the fruits of
the property on usufruct
c. Lease of rural lands in which case the lessee is likewise entitled to
the fruits of the land with the owner, getting civil fruits in the form of
rents paid by the lessee
d. Pledge in which case the pledge is entitled to receive the fruits,
income, dividends, or interests which the pledge earns or
produces but with the obligation to compensate or set-off what he
receives with those which are owing him
e. Antichresis in which case the creditor acquires the right to receive
the fruits of any immovable of his debtor but with the obligation
apply them first to the interest if owing, and then to the principal
amount of the credit

Kinds of fruits
1. Natural fruits self-generated and no human labor is exerted in their
production
a. Spontaneous products of the soil; not through human cultivation or
labor
b. The young and other products of animals
o The second kind is considered the natural fruits whatever care
or management may be given by man since the law makes no
distinction
o Under the rule of partus sequitur ventrem (the offspring follow
the condition of the mother), to the owner of female animals
would also belong the young of such animals although this right
is lost when the owner mixes his cattle with those off another.
This rule only continues the ownership which the owner of the
female had while the young is still in the womb of the mother
2. Industrial fruits those produced by lands of any kind through
cultivation or labor
3. Civil fruits refers to rents of buildings, lands or other property,
perpetual or life annuities or other similar income. Annuities refer to
payments paid annually, monthly, or periodically computed upon the
basis of the amount to be paid yearly, but not necessarily for life
because it may be just for a number of years and ceases after the
lapse of the period regardless whether the annultant survives

Obligation of recipient of fruits to reimburse necessary expenses of third
person
Application: where the owner of the property recovers the same from
a possessor and the possessor has not yet received the fruits
although they may have already been gathered or harvested; or the
possessor has already received the fruits but is ordered to return the
same to the owner. The owner is obliged to reimburse the previous
possessor for the expenses incurred by the latter for their production,
gathering and preservation
Reason: the expenses incurred by another inured to the benefit of the
owner who receives the fruits for without such expenses there would
have been no fruits. Based on the principle that no one may unjustly
enrich himself at the expense of another
Effect of bad faith: the owner cannot excuse himself from his
obligation by alleging bad faith on the part of the possessor because
Art 443 makes no such distinction and because the expenses made
were necessary without which the owner would not have received the
fruits
Where the expenses exceed the fruits only expenses incurred by
the possessor for the production, gathering and preservation are
reimbursable
o Even when such expenses exceed the value of the fruits
o He who is entitled to the benefits and advantages must assume
the risks and losses

When natural fruits and industrial fruits deemed to exist
Natural and industrial fruits while still pending or ungathered are real
property

Accession continua with respect to immovables
1. Accession follows the principal the owner of the latter acquires the
ownership of the former. With respect to immovables, the land is
usually the principal; with respect to land involving movables, the law
provides rules for determining which is the principal
2. Incorporation or union must be intimate it must be that such
removal or separation cannot be effected without substantial injury to
either or both
3. Effect of good faith and bad faith good faith exonerates a person
from punitive liability but bad faith may give rise to dire
consequences. A person who acted in bad faith has no rights and
may also be held liable for damages. A person who acted in good
faith is entitled to the necessary expenses of preservation as well as
expenses for cultivation, gathering, and preservation
4. Effect where both parties in bad faith the bad faith of one
neutralizes the bad faith of the other. Where the parties are equally in
bad faith, they shall both be considered in good faith
5. Principle against unjust enrichment no one should unjustly enrich
himself at the expense of another. Thus, the right of the owner of land
to acquire what is built, planted or sown with the materials of another
is subject to the obligation to pay their value. If the materials belong
to a third person, the owner shall be subsidiarily liable for their value
unless he exercises his right of removal. The builder, planter or
sower, although in bad faith, is entitled to reimbursement for the
necessary expenses of preservation of the land

General rule on accession industrial
General rule: the accessory follows the principal
Exception: Art 120 Family Code with respect to improvements made
on the separate property of the spouses
For Art 445 to be applicable, the owner must be known

Where builder of the land and materials are the same person
On industrial accession, such accession is limited either to buildings
erected on the land of another or buildings constructed by the owner
of the land with materials owned by someone else
Arts 445 and 447 treat accession produced by the landowners
building, planting and sowing with the materials of another and when
the materials, plants or seeds belong to a third person other than the
landowner or the builder, planter or sower

Presumptions as to improvements
Two disputable presumptions:
1. The works etc were made by the owner based on positive law (Arts
437 and 445). A land naturally has an owner and the law accordingly
presumes that he made the works, sowing or planting
2. They were made at the owners expense what is built, planted or
sown is done at the expense of the owner although the one who did
so was a third person. The third person may only be acting as an
agent of the owner
NOTE: he who alleges the contrary of the presumptions established has
the burden of proof

Rights where land and materials belong to different owners
It is presumed that all works, sowing and planting have been made by
the owner and at his expense but the presumption is prima facie, it
may be overcome by proof to the contrary
Art 447 presupposes that the owner of the materials is in good faith.
Good faith is always presumed and he is deemed a possessor in
good faith if he is not aware that there exists in his title or mode of
acquisition any flaw which invalidates it
Art 447 does not apply when a possessor builds on the property of
another
1. Rights and liabilities of the owner of land who used materials of
another:
a. If he acted in good faith, he becomes the owner of the materials
(accessory) but he shall pay their value. The owner can laso
remove them if the removal can be done without injury to the
plantings etc.
b. If he acted in bad faith, he becomes the owner of the materials
but he shall be obliged to:
Pay their value and
Pay damages
o No option to return the materials instead of reimbursing their
value. But the materials have not been damaged or
transformed and can be returned in their original condition,
the landowner may do so at his expense, even without the
consent of the owner of the materials
2. Rights and liabilities of the owner of materials who acted in good
faith:
a. If the landowner acted in good faith, the owner of the materials
is entitled
To reimbursement for the value of the materials OR
To removal of the materials if the same can be done
without injury to the plantings etc. good faith on the part of
the landowner is immaterial for he cannot be allowed to
unjustly enrich himself at the expense of the owner of the
materials
b. If the landowner acted in bad faith, the owner of the materials is
entitled
To indemnification for damages
To absolute right of removal whether or not injury would
be caused
o Rights and liabilities of owner of materials who acted in good faith
applies when both the landowner and owner of the materials are
in good faith and when the owner of the materials is in bad faith
but the land owner is in good faith.
a. When the landowner is in good faith and the owner of the
materials is in bad faith, the latter would be liable for any
consequential damages without right of removal whether or not
injury would be caused
b. Where both parties are in bad faith, they shall both be treated
as being in good faith

Builder, planter or sower in good faith
When the person who builds in good faith on the land of another, the
applicable provision is Art 448
When the person in bad faith builds on the land of another, the
applicable provisions are Arts 449 and 450
Good faith consists in the honest belief of the builder, sower or
planter that the land he is building, sowing or planting on, is his or
that by some title he has a right to build thereon and his ignorance of
any defect or flaw in his title
o It implies an honesty of intention and freedom from knowledge
of circumstances which ought to put the builder upon inquiry
o The rule on good faith in Art 526 is applied:
1. Ownership of land is claimed by two or more parties
when the land whose ownership is claimed by two or
more parties, one of whom has built some works or
planted something. It does not apply when the owner of
the land is the builder but later loses his ownership of the
land by sale or donation
2. Requirement of good faith applies where the builder,
planter or sower acted in good faith, i.e., he honestly
believed himself to have a claim of title or he proceeded
with the knowledge, tolerance, consent or permission of
the owner. He is not in good faith when there is a
presumptive knowledge of the Torrens title issued to the
registered owner of the land in dispute
3. Presumption of good faith good faith is presumed; he
who alleges bad faith on the part of the builder has the
burden of proof
4. Presence of negligence the good faith of the builder
does not necessarily preclude negligence which gives
right to damages.
5. Application to both public and private lands the
provision does not make any distinction between private
land and public dominion.

Option given to landowner
1. Option alternative the landowner can exercise a remedy to his own
liking, either:
a. To appropriate the improvement upon payment of the required
indemnity
b. To oblige the builder or planter to pay the price of the land, and the
sower to pay the proper rent
2. Communication of choice the choice of the owner shall produced
effect from the time it has been communicated to the other party.
Once properly made, it cannot be changed without consent from the
other party
3. Good faith of builder is immaterial it is immaterial that the builder
acted in good faith because the option given by law to retain the
premises and pay for the improvements or to sell the said premises to
the builder belongs to the owner of the property

Reason for option
Whatever is built, planted or sown on the land of another, the
improvements or repairs made thereon belong to the owner of the
land
Where the builder acted in good faith, a conflict of rights arises
between the owners and it becomes necessary to protect the owner
of the improvements without causing injustice to the landowner
It is the landowner who is given the option because his right is older
and because by principle of accession, he is entitled to the ownership
of the accessory thing

Builder, planter or sower in bad faith
1.