PUP College Of Law

[REVIEWER IN PROPERTY]


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Q: DEFINE PROPERTY.

A: Under the law, property are all things which
are, or may be, the subject of appropriation. [NCC
A414]

Note: Appropriation means a deliberate act of
acquisition of something.

Q: [DEFINE AND] ENUMERATE THE THINGS
WHICH ARE PROPERTY OF PUBLIC DOMINION.

A: Property of Public Dominion is
1. outside the commerce of man;
2. cannot be the subject of private
contracts;
3. cannot be acquired by prescription;
4. not subject to attachment and execution;
nor
5. burdened with voluntary easement.

The following are property of public
dominion:
1. those intended for public use, such as
1.1. roads;
1.2. canals;
1.3. rivers;
1.4. torrents;
1.5. ports and bridges constructed by the
States;
1.6. banks;
1.7. shores;
1.8. roadsteads; and
1.9. others of similar characters
2. those belong the State, without being for
public use, and are intended for some
public service or for the development of
the national wealth.

Q: CAN PRIVATE LAND BE CONVERTED TO
PROPERTY OF PUBLIC DOMINION? CITE THE
RULING ON GOVT. VS CABANGIS.

A: Private Land converted to Property of Public
Dominion through abandonment and
reclamation. Through the gradual encroachment
or erosion by the ebb and flow of the tide, private
property may become public property IF the
owners appear to have ABANDONED the land,
and permitted it to be totally destroyed so as to
become part of the shore. The land having
disappeared on account of the gradual erosion,
and having remained submerged until they were
reclaimed by the government, they are public
land.

Q: DEFINE OWNERSHIP.

A: A relation in private law by virtue of which a
thing pertaining to one person is completely
subjected to his will in everything not prohibited
by public law or the occurrence with the rights of
another.

Q: IS THE RIGHT TO ENCLOSE/FENCE PROPERTY
ABSOLUTE? CITE BASIS.

A: No. Under the law (NCC A430), the right of the
owner to enclose or fence his property is limited
by the servitudes existing thereon.

Hence, an owner of a property cannot enclosed
his property if it cause the obstruction of the
servitudes existing thereon to the injury of the
other persons.

Q: [DEFINE AND] STATE RULES ON OWNERSHIP
OF HIDDEN TREASURE.

A: Any hidden and unknown deposit of money
jewels or other precious objects, the lawful
ownership of which does not appear. [NCC A439]

The rules are:
1. the owner of the property owns the
hidden treasure found on its property
2. right of a founder by chance who is not a
trespasser/intruder of treasure;
3. right of a usufractuary who finds treasure
of treasure; or
4. right of the State to acquire things of
interest to science or the arts (at just
price). [NCC A438]

Q: DEFINE AND DIFFERENTIATE:
PUP College Of Law
[REVIEWER IN PROPERTY]


Page 2 of 4

A. UNLAWFUL DETAINER VS. FORCIBLE
ENTRY
B. ACTION REINVINDICATORIA VS.
PUBLICIANA

A:
A. Unlawful Detainer: Possessor refused to
vacate upon demand by the owner
a. Lawful possession (by permission/
tolerance) becomes unlawful upon failure
to vacate.
b. Prescription of action 1 year from last
notice to vacate.

Forcible Entry: Lawful possessor deprived through
FISTS:
a. FISTS (Force, Intimidation, Strategy,
Threats, Stealth)
b. Prescription of action: 1 year from
dispossession (force, intimidation,
threats) or from knowledge of
dispossession (strategy, stealth)

B. Accion Reivindicatoria : recovery of
ownership of real property
a. Including but not limited to possession
b. Prescription of Action: 30 years

Accion Publiciana: recovery of a better right
to possess (de jure)
a. Judgment as to who has a better right of
possession
b. Actions for ejectment not filed within 1
year must be filed as accion publiciana
c. Prescription: 10 years

Q: STATE THE DOCTRINE IN TUMALAD VS.
VICENCIO.

The inclusion of the building separate and distinct
from the land in the enumeration of what may
constitute real property, that the building is by
itself an immovable property. However deviations
have been allowed for various reasons especially
if it is stipulated in the subject of contract. In the
case at bar, although there is no specific
statement referring to the subject house as a
personal property, yet by ceding, selling or
transferring a property by way
of chattel mortgage, defendants-appellants could
only have meant to convey the house as a chattel.

Hence if a house belonging to a person stands on
a rented land belonging to another person, it may
be mortgaged as a personal property as so
stipulated in the document of mortgage. It should
be noted that the principle is predicated on
statements by the owner declaring his house
to be chattel. Party in a chattel mortgage cannot
question the validity of the chattel mortgage
entered into. The doctrine of estoppels
therefore applies to the defendant-appellants.

Q: CAN A PRIVATE CORPORATION HOLD
ALIENABLE LANDS OF THE PUBLIC DOMAIN? CITE
YOUR BASIS.

A: NO. Under the law, except the agricultural
lands, all natural resources shall not be alienated.
And private corporations or associations may not
hold such alienable lands of the public domain
except by lease, for a period not exceeding twenty-
five years, renewable for not more than twenty-five
years, and not to exceed one thousand hectares in
area. [Sec. 2 & 3, Art. 12, 1987 Constitution]

Q: CAN A CREEK BE OWNED BY A PRIVATE
INDIVIDUAL? CITE YOUR BASIS.

A: NO. Under jurisprudence, it is a property
belonging to the public domain which is not
susceptible to private appropriation and
acquisitive prescription, and, as public water, it
cannot be registered under the Torrens System in
the name of any individual. It is included in the
phrase others of similar character in paragraph
1 of Article 420 of the New Civil Code. [Celestial v.
Cachopero, 413 SCRA 469 and Usero v. CA]

Q: REQUISITES OF RECOVERY OF PROPERTY
UNDER THE CIVIL CODE. EXPLAIN.

A: Under the Civil law the requisites are:
1. The owner must prove that he has a
better title than the defendant; and
2. The identity of the property

PUP College Of Law
[REVIEWER IN PROPERTY]


Page 3 of 4

Q: CAN THE OWNER (GF) REFUSE TO PAY FOR
THE BUILDING AND SELL THE LAND TO BUILDER
(GF) AND COMPEL THE BUILDER TO REMOVE THE
BUILDING? CITE YOUR BASIS AND STATE
REMDIES OF OWNER AND BUILDER IF BOTH ARE
IN GOOD FAITH.

A: YES. The owner of the land (gf) may refuse to
pay for the building and sell the land to builder.
The reason for this is that the owner of the land
has the older right against the builder (gf) and
because of the principle of accessory follows the
principal.

Yes. The owner of the land can compel the builder
to remove the building provided, the latter chose
to pay for the value of the land, and he failed to
pay the same. Provided further, that, issuance of
an order of demolition must be with due hearing.

Under the law the remedies of the owner and
builder in good faith are:


The Owner:
1. the owner to acquire the building
improvements after payment of
indemnity; or
2. oblige the builder to pay for the land or
the sower to pay for the rent.

The Builder, Planter, Sower:
1. acquire the land; or
2. pay for the rent

Q: IN CASE THE POSSESSOR EXECISE THE RIGHT
OF RETENTION, WHO IS ENTITLED TO THE FRUITS
OF THE PROPERTY? CITE YOUR BASIS.

Q: ENUMERATE IMMOVABLE PROPERTIES
UNDER THE CIVIL CODE.

A: Under the Civil Code, Immovable Properties
are:
1. Land, buildings, roads and constructions
of all kinds adhered to the soil;
2. Trees, plants, and growing fruits, while
they are attached to the land or form an
integral part of an immovable;
3. Everything attached to an immovable in a
fixed manner, in such a way that it cannot
be separated therefrom without breaking
the material or deterioration of the
object;
4. Statues, reliefs, paintings or other objects
for use or ornamentation, placed in
buildings or on lands by the owner of the
immovable in such a manner that it
reveals the intention to attach them
permanently to the tenements;
5. Machinery, receptacles, instruments or
implements intended by the owner of the
tenement for an industry or works which
may be carried on in a building or on a
piece of land, and which tend directly to
meet the needs of the said industry or
works;
6. Animal houses, pigeon-houses, beehives,
fish ponds or breeding places of similar
nature, in case their owner has placed
them or preserves them with the
intention to have them permanently
attached to the land, and forming a
permanent part of it; the animals in these
places are included;
7. Fertilizer actually used on a piece of land;
8. Mines, quarries and slug dumps, while the
matter thereof forms part of the bed, and
waters either running or stagnant;
9. Docks and structures which, though
floating, are intended by their nature and
object to remain at a fixed place on a
river, lake, or coast;
10. Contracts for public works, and servitudes
and other real rights over immovable
property.

Q: ENUMERATE AND DISCUSS GENERAL
LIMITATIONS ON OWNERSHIP.

A: The general limitations on Ownership are:
1. Police Power property taken without
any compensation for general welfare.
PUP College Of Law
[REVIEWER IN PROPERTY]


Page 4 of 4

a. When the property is condemned or
seized by competent authority in the
interest of health, safety or security,
the owner thereof shall not be
entitled to compensation, unless he
show that such condemnation or
seizure is unjustified. [NCC A436]
b. Requisites of the exercise of police
power:
i. The interest of the public in
general require such interference
ii. The means are reasonably
necessary for the
accomplishment of a purpose,
and not unduly oppressive.
2. Taxation forced contribution to the
operation of the government
3. Eminent Domain property taken for
public use/purpose after payment of just
compensation
Requisites:
a. Property to be taken must be of
private ownership;
b. Property is taken by the authority or
the State
c. Purpose of taking must be for public
purpose/use;
d. The taking must be attended by due
process of law; and
e. There is payment of just
compensation