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Arcaina Austria Baadera Caraan Cheng Coloquio Diploma Lim Villarin Villarin
HEIRS OF CABAL v. CABAL Elementary is the rule that there is no co-ownership where the portion
owned is already concretely determined and identifiable though not technically described. In the
case at bar, the petitioner is also not entitled to acquisitive prescription since his possession was
not in the concept of an owner. Tax declarations and receipts can only be the basis of a claim of
ownership through prescription if it is coupled with proof of actual possession.
DAVID v. BARDIN The defense of having purchased the property in good faith may be availed of only
where registered land is involved and the buyer had relied in good faith on the clear title of the
registered owner. One who purchases an unregistered land does so at his peril. His claim of
having bought the land in good faith, i.e. without notice that some other person has a right to, or
interest in, the property, would not protect him if it turns out that the seller does not actually own
the property. On the other hand, those who bought the land who relied on a clean title of the
registered owner is protected if he is a purchaser in good faith for value.
CO-OWNERSHIP
PANGANIBAN v. OAMIL Under a co-ownership, the ownership of an undivided thing or right belongs to
different persons. During the existence of the co-ownership and before a partition:
> No individual can claim title to any definite portion of the community property.
> All that the co-owner has is an ideal or abstract quota or proportionate share in the entire land
or thing.
> Every co-owner has the absolute ownership of his undivided interest in the common property.
> Co-owner is free to alienate, assign or mortgage this undivided interest, except as to purely
personal rights. The effect of any such transfer is limited to the portion which may be awarded
to him upon the partition of the property.
CRUZ v. CA once partitioned, no more co-ownership The moment that there is a partition of a coowned property, it ceases to be a co-ownership. Co-ownerships are terminated upon judicial or
extra-judicial partition of the properties owned in common. Even if via a subsequent
Memorandum of Agreement, they agreed to share the proceeds from the previously co-owned
property, it is only concerned with the sharing of proceeds - NOT the co-ownership of property.
IMPERIAL v. CA Inasmuch as the terms of the agreement between Adela and Melanio provide for 1/2
undivided share for Melanio over the two lots, and Melanio in effect waived his rights over 1/2 of
the remaining Lot 1091 when he sold and appropriated solely as his own the proceeds from the
sale of Lot 1052, law and equity dictate that Lot 1091 should now belong to the estate of Adela.
HEIRS OF PADILLA v. MAGDUA No prescription shall run in favor of a co-owner or co-heir against his
co-owners or co-heirs so long as he expressly or impliedly recognizes the co-ownership.
Since possession of co-owners is like that of a trustee, in order that a co-owner's possession may
be deemed adverse to the cestui que trust or other co-owners, the following requisites must
concur: (1) that he has performed unequivocal acts of repudiation amounting to an ouster of the
cestui que trust or other co-owners, (2) that such positive acts of repudiation have been made
known to the cestui que trust or other co-owners, and (3) that the evidence thereon must be clear
and convincing.
Arcaina Austria Baadera Caraan Cheng Coloquio Diploma Lim Villarin Villarin
RIGHT OF ACCESSION
CARRASCOSO v. CA The right to choose between appropriating the improvement or selling the land
on which the improvement of the builder, planter or sower stands, is given to the owner of the
land.
PNB v. DE JESUS Bobong Mayor PNB bought building and land from Mayor Ignacio and part of the
building is not included in the title of the land. PNB invokes Article 448 saying that he is entitled to
buy the land where part of his building stands. However, Article 448 refers to a piece of land
whose ownership is claimed by two or more parties (good faith builder and good faith land owner)
and not to a case where a third person (PNB) acquires the property which the owner (Mayor
Ignacio) himself is the builder and land owner. In fine, PNB is not in a valid position to invoke the
provision of Art. 448.
SPS. RASDAS v. ESTENOR tolerance ended when children graduated When the predecessor
has knowledge that his possession of the property is by mere tolerance, the successors cannot
be considered in good faith. Under Article 448 of the Civil Code, the builder in bad faith on the
land of another loses what is built without right to indemnity. Petitioners were in bad faith
when they built the structures since they had known that the subject property did not belong to
them.
SULO v. NAYONG PILIPINO Lessee has no right of accession as a builder" The lessee is neither
a builder in good faith nor in bad faith that would call the application of 448 (Rules on Good Faith
B/P/S) and 546 (Necessary and Useful Expenses) since his rights are governed by Article 1678
(Right of Lessee to Useful Improvements and Ornamental Expenses). The introduction of
valuable improvement on the leased premises does not give the lessee the right of retention and
reimbursement which rightfully belongs to a builder in good faith. Thus in this case, the court
denied the claim of the petitioner-lessee that in making improvement of substantial value, they
should be considered builders in good faith who have that right to retain possession of the
property until reimbursement by respondent.
RIGHT OF POSSESSION
FRONDARINA v. MALAZARTE Where the dispute over possession arises between two persons, the
person first having actual possession is the one who is enttiled to maintain an action granted by
law. Pieces of documentay proof like tax declarations, tax receipts and miscellaneous sales
applications may be shown as proof of actual possession. Although tax declarations or real estate
payments of property are not conclusive evidence of ownership, they are good indicia of
possession in the concept of owner thus may be used as a basis to claim ownership.
YU v. PACLEB Possession is the holding of a thing or the enjoyment of a right. To possess means to
have, to actually and physically occupy a thing, with or without right. Possession always includes
the idea of occupation. It is not necessary that the person in possession should himself be the
occupant. The occupancy can be held by another in his name. Without occupancy, there is no
possession.
Arcaina Austria Baadera Caraan Cheng Coloquio Diploma Lim Villarin Villarin
Arcaina Austria Baadera Caraan Cheng Coloquio Diploma Lim Villarin Villarin
EASEMENT
BOCO-MEDELIN v. CA An acknowledgement of the easement is an admission that the property
belongs to another. Mere material possession of land is not adverse possession against the
owner and is insufficient to vest title, unless such possession is accompanied by the intent to
possess as an owner. Acts of possession executed by virtue of license or tolerance of the owner,
no matter how long, do not start the running of the period of prescription. Under Article 622 of the
Civil Code, discontinuous easements, whether apparent or not, may be acquired only by title and
not through prescription.
NPC v. TIANGCO Kalayaan San Jose Transmission Line Project An easement of a right-of-way
transmits no rights except the easement itself, and the respondents would retain full ownership of
the property taken. Nonetheless, the acquisition of such easement is not gratuitous. The
limitations on the use of the property taken for an indefinite period would deprive its
owner of the normal use thereof. For this reason, the latter is entitled to payment of a just
compensation, which must be neither more nor less than the monetary equivalent of the
land taken.
GOLDCREST v. CYPRESS The owner of the dominant estate cannot violate any of the following
prescribed restrictions on its rights on the servient estate, to wit:
1. It can only exercise rights necessary for the use of the easement
2. It cannot use the easement except for the benefit of the immovable originally contemplated
3. It cannot exercise the easement in any other manner than that previously established
4. It cannot construct anything on it which is not necessary for the use and preservation of the
easement
5. It cannot alter or make the easement more burdensome
6. It must notify the servient estate owner of its intention to make necessary works on the
servient estate; and
7. It should choose the most convenient time and manner to build said works so as to cause
the least convenience to the owner of the servient estate
UNISOURCE COMMERCIAL v. CHUNG A voluntary easement of right of way is like any other contract,
as such it is generally effective between the parties, their heirs and assigns, except in cases
where rights and obligations are not transmissible. A voluntary easement can only be
extinguished only by mutual agreement or by renunciation of the owner of the dominant estate.
This being the case, the presence of an adequate outlet to a highway extinguishes only legal or
compulsory easements but not voluntary easements.
INING v. VEGA Under Article 777 of the Civil Code, the rights to the succession are transmitted from
the moment of death. Given that the original owners died without children the siblings are coowners of the land. As co-owners, they may use the property owned in common, provided they do
so in accordance with the purpose for which it is intended and in such a way as not to injure the
interest of the co-ownership or prevent the other co-owners from using it according to their rights.
They have the full ownership of their parts and of the fruits and benefits pertaining thereto, and
may alienate, assign or mortgage them, and even substitute another person in their enjoyment,
Arcaina Austria Baadera Caraan Cheng Coloquio Diploma Lim Villarin Villarin
except when personal rights are involved. Each co-owner may demand at any time the partition of
the
thing
owned
in
common,
insofar
as
his
share
is
concerned.
Finally, no prescription shall run in favor of one of the co-heirs against the others so long as he
expressly or impliedly recognizes the co-ownership. A co-owner cannot acquire by prescription
the share of the other co-owners, absent any clear repudiation of the co-ownership. In order that
the title may prescribe in favor of a co-owner, the following requisites must concur: (1) the coowner has performed unequivocal acts of repudiation amounting to an ouster of the other coowners; (2) such positive acts of repudiation have been made known to the other co-owners; and
(3) the evidence thereof is clear and convincing (DISCLAIMER: There really is no Easement Issue on this
case)
ABATEMENT OF NUISANCE
GANCAYCO v. QC GOVERNMENT A nuisance may be per se or per accidens. A nuisance per se is
that which affects the immediate safety of persons and property and may summarily be abated
under the undefined law of necessity. When Justice Gancayco was given a permit to construct
the building, the city council or the city engineer did not consider such building or its demolished
portion, to be a threat to the safety of persons and property. Neither does the MMDA have the
power to declare a thing a nuisance. Only courts of law have the power to determine whether a
thing is a nuisance.
TECHNOLOGY DEVELOPER v. CA mayor has power to reject and lock out nuisances like you
The mayor has police power such that he may deny the application of a permit in order to protect
his inhabitants from pollution. When petitioner's factory was padlocked because of the failure to
secure the necessary permits and the claim that the fumes coming from the factory may contain
certain matters harmful to the people, the mayor's office was acting within its power.
POLLUTION BOARD v. CA Ex parte cease and desist orders are permitted by law and regulations in
situations like that here presented precisely because stopping the continuous discharge of
pollutive and untreated effluents into the rivers and other inland waters of the Philippines cannot
be made to wait until protracted. litigation over the ultimate correctness or propriety of such
orders has run its full course, including multiple and sequential appeals such as those which
Solar has taken, which of course may take several years.
REPUBLIC v. MARCOPPER The Pollution Adjudication Board has adjudicatory powers over any
pollution case. The authority of the mines regional directory is on the administrative and
regulatory powers over mining operations and installations, it has no adjudicative powers over
complaints for violation of pollution controll statutes and regulations.
Pollution refers to any alteration of the physical, chemical and biological propertiesof any water,
air and/or land resources of the Philippines , or any discharge thereto of any liquid, gaseous or
solid wastes as will or is likely to create a harmful environment.
PREVENTION OF DAMAGES
Arcaina Austria Baadera Caraan Cheng Coloquio Diploma Lim Villarin Villarin
CAPILI v. CARDENA A negligent act is an inadvertent act; it may be merely carelessly done from a lack
of ordinary prudence and may be one which creates a situation involving an unreasonable risk to
another because of the expectable action of the other, a third person, an animal, or a force of
nature. A negligent act is one from which an ordinary prudent person in the actors position, in the
same or similar circumstances, would foresee such an appreciable risk of harm to others as to
cause him not to do the act or to do it in a more careful manner. In this case, the probability that
the branches of a dead and rotting tree could fall and harm someone is clearly a danger that is
foreseeable hence the doctrine of res ipsa loquitur is in order; in that it warrants a presumption or
inference that the mere falling of the branch of the dead and rotting tree, which caused the death
of respondents daughter, was a result of petitioners negligence, being in charge of the school.
Arcaina Austria Baadera Caraan Cheng Coloquio Diploma Lim Villarin Villarin