Page 1 of 49

I. DEFINITION OF PROPERTY
PROPERTY

1.

Is an economic concept, meaning a mass of things useful to human activity and which are necessary to
life, for which reason they may be organized and distributed in one way or another, but, always for the
good of the main.
In order that a thing may be considered as property:
o Utility capacity to satisfy human wants
o Individuality or Substantivity - an autonomous or separate existence; materials composing a
thing are not thing in themselves.
o Appropriability or susceptibility to appropriation
OVERVIEW

A.
Theory and Origins of Property
Locke, J Second treatise of government. Available from http://www.gutenberg.org/files/7370/7370-h/7370-h.htm
B.
Regalian Doctrine
Separate Opinion of J. Puno in Cruz v. Secretary 347 SCRA 128 (2000)
C.
Native Title/Ancestral domain
Lynch, O 1982 Native title, private right and tribal land law: an introductory survey, 57 Philippine L.J. 268-306
(1982)
http://plj.upd.edu.ph/native-title-private-right-and-tribal-land-law-an-introduction-survey/

A. Classification under the Civil Code

1.

Immovable or Real Property

a.

By Nature those which cannot be moved from place to place

Page 2 of 49
Art 415, Par 1 Lands, buildings, roads and constructions of all kinds adhered to the soil.
Art 415, Par 8
b.

By Incorporation

Art 415, Par 2

Art 415, Par 3
Art 415, Par 7
c.
Art
Art
Art
Art

415,
415,
415,
415,

Par
Par
Par
Par

d.

By Destination
4
5
6
9
By Analogy

Art 415, Par 10

Movables or Personal Property
Art 416
Art 417
DAVAO SAWMILL v CASTILLO ()
BERKENKOTER v CU UNJIENG ()
LOPEZ v OROSA ()
TUMALAD v VICENCIO ()
ASSOCIATED INSURANCE v IYA ()
MAKATI LEASING v WEAREVER ()
BD. OF ASSESSMENT APPEALS v MERALCO ()
MERALCO v BD. OF ASSESSMENT APPEALS ()
MERALCO v BD. OF ASSESSMENT APPEALS ()
CALTEX v BD. OF ASSESSMENT APPEALS ()
BENGUET CORP. v BD. OF ASSESSMENT APPEALS ()
A.
CLASSIFICATION OF PROPERTY (Articles 414-418)
Davao Sawmill v. Castillo, 61 Phil 709
Province of Zamboanga del Norte v. City of Zamboanga, 22 SCRA 1334
Salas v. Jarencio, 46 SCRA 734
Lopez v Orosa, 103 Phil. 98
Associated Insurance v Iya, 103 Phil 972
Tumalad v Vicencio, 41 SCRA 143
Meralco v. Central Board of Assessments, 114 SCRA 273
Berkenkotter v. Cu Unjieng, 61 Phil 663
2.

Importance and Significance of Classification

From point of view of:

i.
ii.
iii.
iv.
v.
vi.

Criminal Law
Form of contracts involving movables or immovables
Prescription
Venue/Jurisdiction
Taxation
Double Sales under Art 1544
Art 1544
vii. Preference of Credits
viii. Causes of Action to Recover
3.

Differences between Real Rights and Personal Rights

Point of

REAL RIGHTS

PERSONAL RIGHTS

Page 3 of 49
comparison
Definition

Elements

Also known as
Number of
persons involved
in the juridical
relation
Object of the
juridical relation
By the manner in
which the will of
the active
subject affects
the thing related
o it
By the causes of
creating the
juridical relation
By the methods
of
extinguishment
of the juridical
relation
By the nature of
the actions
arising from
them

Power belonging to a person over a specific

thing, without a passive subject individually
determined against whom such right may be
personally exercised
Gives to a person direct and immediate
juridical power over the thing, which is
susceptible of being exercised, not only
against a determinate person, but against
the whole world.
1) Subject and object connected by a
relation of ownership of the former over
the latter
2) A general obligation or duty of respect for
such relation, there being no particular
passive subject
3) Effective actions recognized by law to
protect such relation against anyone who
may want to disturb it

Jus in re
Active subject 1
Passive subject - the rest of the world without
individual determination
Generally a corporeal thing
Generally affects the thing directly

Power belonging to one person to demand to

another, as a definite passive subject, the
fulfillment of a prestation to give, to do or not
to do
More properly called right of obligation or
simply obligation

1) Two subjects: active and passive (bound

to perform prestation incumbent upon
him by reason of a juridical tie which
binds him to the active subject), who are
determined and specified
2) General obligation on the part of 3rd
persons to respect the relation between
the active and passive subjects
3) Effective actions in favor of the active
subject against the passive subject for
the performance of the prestation by the
latter or so that the relation between
them may produce its natural and
juridical effects
Jus ad rem
Definite active subject
Definite passive subject

Intangible thing, i.e. the prestation of the

debtor
Indirectly through the prestation of the
debtor

By mode and title

By title alone

Extinguished by the loss or destruction of the

thing

Not extinguished by the loss or destruction of

the thing

B. Classification by Ownership
1.

Res Nullius

2.

Public Dominion
cf. Patrimonial Property of State

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Art 419
Art 420
Art 421
Art 422
Art 424
Heirs of Malabanan v. Republic, G.R. No. 179987 Sept. 3, 2013 (en banc)
Heirs of Malabanan v. Republic, 587 SCRA 172
Republic v. East Silverlane Realty, 666 SCRA 401
Laurel v. Garcia, 187 SCRA 797 (1990)
Chavez v. Public Estates Authority, 384 SCRA 152 (2002)
Buenaventura v. Republic 517 SCRA 271 (2007)
Cebu Oxygen v. Bercilles, 66 SCRA 481 (1975)
Tantoco v. Municipal Council, 49 Phil. 52 (1926)
Government v Cabangis, 53 Phil. 112 (1929)
MIAA v City of Pasay, April 2, 2009, G.R. No. 163072 (2009)
MIAA v CA, et al., July 20, 2006, G.R. No. 155650 (2006)
Victoria v Republic, G.R. No. 179673, June 8, 2011
Zamboanga Del Norte v City of Zamboanga, G.R. No. L-24440, June 30, 1969
a.

Property of State

Art 420
Art 421
Art 422
i.
ii.
iii.

For public use

For public service
For development of national wealth

LA BUGAL BLAAN TRIBAL ASSN. v RAMOS (2004)

ON RECONSIDERATION (2005)
CHAVEZ v PEA AMARI (2002)
ON RECONSIDERATION (2003)
USERO v CA (2006)
b.

Property of Municipal Corporations

Art 424, Par 1

i.

For public use including public works for public service

3.

Private Property
a.

Patrimonial Property of State

Art 424

b.

Patrimonial Property of Municipal Corporations

Art 424, Par 2

c.

Private Property of Private Persons

Art 425, Par 2

TANTOCO v MUNICIPAL COUNCIL ()

ZAMBOANGA DEL NORTE v CITY OF ZAMBOANGA ()
SALAS v JARENCIO ()
CEBU ACETYLENE v BERCILLES ()
MUNICIPALITY OF SAN MIGUEL v FERNANDEZ ()
GOVERNMENT v CABANGIS ()
CHAVEZ v PEA AMARI (2002)
ON MOTION FOR RECONSIDERATION (2003)

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4.

Effect and Significance of Classification of Property as Property of Public Dominion

a.
b.
c.
d.

Property
Property
Property
Property

is outside the commerce of man

cannot be the subject of acquisitive prescription
cannot be attached or levied upon in execution
cannot be burdened with a voluntary easement

C. Other Classifications
1.

By their physical existence

a. Corporeal those which are manifest to the senses, which we may touch or take, which exist
in space and have a body, whether animate or inanimate
b. Incorporeal personal prestations or acts or services productive of utility. They are not
manifest to the senses but are conceived only by the understanding. They must combine three
requisites:
i. External manifested act
ii. Personal done by the debtor himself
iii. Possible when it can be done both in nature and in law

2.

By their autonomy or dependence

a. Principal
b. Accessory

3.

By their subsistence after use

a. Consumable
Art 418 (1)
b. Non-consumable
Art 418
Differentiated from Fungible or Non-fungible
c. Deteriorable or non-deteriorable

4.

By reason of their susceptibility to division

a. Divisible
b. Indivisible

5.

By reason of designation
a. Generic
b. Specific

6.

Existence in point of time

a. Present
b. Future

7.

Contents and constitution

a. Singular
i. Simple
ii. Compound
b. Universal

8.

Susceptibility to appropriation
a. Non-appropriable
b. Appropriable
i. Already appropriated
ii. Not yet appropriated

9.

Susceptibility to commerce
a. Within the commerce of man
b. Outside the commerce of man

Page 6 of 49

II. OWNERSHIP
A. Definition

OWNERSHIP

J. B. L. Reyes: It is independent right of exclusive enjoyment and control of a thing for the purpose of
deriving therefrom all the advantages required by the:
o Reasonable needs of the owner (or holder of the right) and
o Promotion of the general welfare
But subject to the restrictions imposed by:
o Law
o Rights of others
Scialoja: It is a relation in private law by virtue of which is a thing (or property right) pertaining to one
person is completely subjected to his will in everything not prohibited by public law or the concurrence
with the rights of another

A.
CO-OWNERSHIP (Art. 484-501)
Dailisan v CA, 560 SCRA 351(2008)
Cruz v Catapang, 544 SCRA 512(2008)
Pardell v Bartolome, 23 Phil 450 (1912)
Plasabas v CA, 582 SCRA 686 (2009)
Republic v Heirs, 549 SCRA 58 (2008)
Metrobank v Pascual, 547 SCRA 246 (2008)
Monteroso v CA, 533 SCRA 66 (2008)
Quimpo v Abad, 545 SCRA 174 (2008)
Baloloy v. Hular
Adlawan v. Adlawan
Carangdang v. Heirs of de Guzman
De Guia v. CA 413 SCRA 114 (2003)
Cruz v. Leis 327 SCRA 570 (2000)

B. Bundle of Rights included in Ownership

Art 429
Jus Utendi

definition
Jus Fruendi

definition
Jus Abutendi

definition
Jus Disponendi

Page 7 of 49

definition

Jus Vindicandi

definition
C. Other Specific Rights found in the Civil Code
1.

Right to exclude; self-help; Doctrine of Self-help

Art 429
ELEMENTS OF SELF-HELP

2.

Right to enclose or fence

Art 430

3.

Right to receive just compensation in case of expropriation

Art 435

4.

Right to hidden treasure

Art 438
Art 439

5.

Right to accession
Art 440

6.

Right to recover possession and/or ownership (Jus Vindicandi)

a.

Available actions to Recover Possession/Ownership

i.

Immovable property
1) Accion reivindicatoria
2) Accion publiciana
Quinagoran v. CA 531 SCRA 104 (2007)
Madrid v Mapoy, 596 SCRA 14 (2009)
Padilla v Velasco, et al, 576 SCRA 219 (2009)
3) Forcible entry
4) Unlawful detainer

HILARIO v SALVADOR (2005)

SAMPAYANG v CA (2005)
SANTOS v AYON (2005)
GANILA v CA (2005)
ROSS RICA SALES CENTER v SPS. ONG (2005)
PERALTA-LABRADOR v BUARIN (2005)
ii.
b.

Movable property
1) Replevin

Requisites for recovery

Art 434
i. Identify the property

SERINA v CABALLERO (2004)

ii.

Prove his right of ownership rely on the strength of his evidence not on the weakness
of defendant

PEREZ v MENDOZA (1975)

DIZON v CA (1993)
D. Limitations of Real Right of Ownership
1.

General Limitation

Page 8 of 49
a.
b.
c.

Police power
Taxation
Eminent domain

2.

Specific Limitation

3.

Limitation from Scattered provisions of CC

Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art

431
432
2191
670
677
678
679
649
652
637
676
644
684
685
686
687

US v CAUSBY ( )
LUNOD v MENESES ( )
a.

Latin Maxim: Sic Utere Tuo Ut Alienum Non Laedas

Art 431

b.

Act in State of Necessity

Art 432

Page 9 of 49

III. RIGHTS OF ACCESSION

A. Concept
Art 440 The ownership of property gives the right by accession to everything which is produced thereby, or
which is incorporated or attached thereto, either naturally or artificially.
DEFINITIONS OF ACCESSION

Tolentino: Right by virtue of which the owner of a thing becomes the owner of everything that the thing
may produce or which may be inseparably united or incorporated thereto, either naturally or
principally.

J. B. L. Reyes: Extension of ownership over a thing to whatever is incorporated thereto naturally or

artificially (without or with labor of man)
Incorporation means a stable union or adherence, not mere juxtaposition
Accession is one of the bundle of rights of ownership and is not a mode of acquiring property
It does not depend upon a new title
NAPOCOR v Ibrahim, 526 SCRA 149(2007)
Tecson v Fausto, G.R. No. 180683, June 1, 2011
Bachrach v Siefert, 87 Phil. 117 87 (1950)
Bachrach v Talisay-Silay, 56 Phil. 117 (1931)
Phil. Sugar Estates v Poizat, 48 Phil. 536 (1925)
Oriz v Kayanan, 92 SCRA 146 (1979)
Tuatis v Escol, 604 SCRA 471 (2009)
Narvaez v Alciso, J 594 SCRA 60 (2009)
New Regent Sources, Inc. V Tanjuatco, et al., 585 SCRA 329 (2009)
Ignacio v. Hilario 76 Phil 605 (1946)
Depra v. Dumlao136 SCRA 475
Art. 461: Agne v. Director of Lands, 181 SCRA 793
Panlilio v. Mercado 44 Phil 695
B. General Principles of Accession
1.

Applicable to BOTH accession discreta and accession continua

a.
b.

2.

3.

Accessory follows the principal

No one shall be unjustly enriched at the expense of another

Applicable to accession continua alone

a.

Whatever is built, planted or sown on the land of another and the improvements or repairs
made thereon, belongs to the owner of the land, subject to the provisions of the following
articles.
Art 445

b.

All works, sowing and planting are presumed made by owner and at his expense, unless the
contrary is proved.
Art 446

c.

Accessory incorporated to principal such that it cannot be separated without injury to work
constructed or destruction to plantings, construction or works.
Art 447

d.

Bad faith involves liability for damages and other dire consequences.

e.

Bad faith of one party neutralizes bad faith of the other.

Art 453

Applicable to accession discreta alone

a.

Ownership of fruits To owner of principal thing belongs the NATURAL, INDUSTRIAL and CIVIL
fruits

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Art 441
EXCEPTIONS:
i. Possession in good faith
ii. In usufruct
iii. In lease
iv. In antichresis
C. Obligations of Receiver of Fruits to Pay Expenses by 3rd person in production, gathering and
preservation
Art 443
D. Kinds of Accession
1. Accession Discreta (Fruits)
Art 440
a.
b.
c.

Natural
Industrial
Civil

BACHRACH v SEIFERT ( )
BACHRACH v TALISAY ( )
2. Accession Continua
Over Immovables
1. Artificial or Industrial Building, Planting, Sowing
a.

Owner is BPS using material of another (LO-BPS and MM)

Art 447

b.

In good faith
In bad faith

BPS builds, plants or sows on anothers land using his own material (LO and BPS-MM)
Art 448 The
Art 449 The
Art 450 The
Art 451 The
Art 452 The
Art 453 The
Art 454 The

BPS in good faith

Art 448 The

BPS in bad faith

Art 449 The
Art 450 The
Art 451 The

i.

Options open to owner of the land

1) To acquire building, planting and sowing

BP has right of retention

Retains possession without paying rental
Not entitled to fruits; his rights are the same as an antichretic creditor
2) To sell land to BP OR to lease land to S

Page 11 of 49

ii.

BP may refuse if value of land considerably more than BP; then forced lease by LO and
BP
BPS in bad faith

Rights of BPS in bad faith

Art 452 The
Art 443 The
Landowner in bad faith but BPS in good faith
Art 454
Art 447
Reason for adverting to rule in Art 447

c.

BPS builds, plants or sows on anothers land with materials owned by 3 rd persons
Art 455 The
N.B.: Good faith does not exclude negligence
Art 456 The

BERNARDO v BATACLAN ( )
IGNACIO v HILARIO ( )
SARMIENTO v AGANA ( )
DEPRA v DUMLAO ( )
TECHNOGAS PHIL v CA ( )
ORTIZ v KAYANAN ( )
GEMINIANO v CA ( )
PLEASANTVILLE DEVT CORP v CA ( )
FELICES v IRIOLA ( )
SPOUSES NUGUID v CA (1993)
SPOUSES NUGUID v CA (2005)
2. Natural (Accession Continua Natural)
a.

Alluvium
Art 457 The

REPUBLIC v CA ( )
GRANDE v CA ( )
MENESES ( )
b.

Avulsion (Art 459-460)

NAVARRO ( )
c.

Change of Course of River (Art 461-463)

Art 461 The
Art 462 The
Art 463 The

BAES v CA ( )
BINALAY v MANALO
d.

Formation of Islands
Art 461 The
Art 462 The
Art 463 The
Art 464 The
Art 465 The
See PD 1067, Water Code
3. Reverse Accession
Art 120, FC The
Art 321, CC The

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Over Movables
1. Conjunction and Adjunction
a.

Inclusion or Engraftment

b.

Soldadura or Soldering
i.
Plumbatura different metals
ii.
Ferruminatio same metal

c.

Tejido or Weaving

d.

Escritura or Writing

e.

Pintura or Painting
2. Commixtion and Confusion

SIARI VALLEY ESTATES v LUCASAN (1955)

SANTOS v BERNABE ()
3. Specification

Page 13 of 49

IV. QUIETING OF TITLE

A. Differences between Action to Quiet Title and Action:
Action to Quiet Title

Action to Remove a Cloud

Action to Quiet Title

Action to Prevent a Cloud

B. Prescription of Action to Quiet Title

If plaintiff is in possession: imprescriptible

If plaintiff is not in possession: prescribes within period of filing accion publiciana, accion
reivindicatoria
OLVIGA v CA (1993)
PINGOL v CA (1993)
Bank of Commerce v. Sps. Prudencio San Pablo Jr., 522 SCRA 713 (2007)
Robles vs. Court of Appeals, 328 SCRA 97(2000)
Evangelista vs. Santiago, 457 SCRA 744(2005)
Republic vs. Mangotara, 624 SCRA 360 (2010)
Chung, Jr. vs. Mondragon, 686 SCRA 112(2012)
Villanueva v. Chiong 554 SCRA 197
C. Who are Entitled to Bring Action?
Rule 64, Sec. 1, Par 2, Rules of Court The
D. Notes
1.

There is a cloud on title to real property or any interest to real property.

Art 476 The

2.

Plaintiff has legal or equitable title to or interest in the subject/real property.

3.

Instrument record claim, etc must be valid and binding on its face, but in truth and in fact, invalid,
ineffective, voidable or unenforceable.

4.

Plaintiff must return benefits received from defendant.

TITONG v CA (1998)
5.

Actions to quiet title are proceedings quasi in rem.

SPS. PORTIC v CRISTOBAL (2005)

Page 14 of 49

V. CO-OWNERSHIP
A. Definition

CO-OWNERSHIP

The right of common dominion which two or more persons have a spiritual part (or ideal portion) or a
thing which is not physically divided.

B. Characteristics of co-ownership
1.
2.
3.
4.

There is plurality of owners, but only one real right of ownership.

The recognition of ideal shares, defined but not physically identified.
Each co-owner has absolute control over his ideal share.
Mutual respect among co-owners in regard to use and enjoyment and preservation of thing as a whole.

PARDELL v BARTOLOME ( )
C. Differences between Co-ownership and Joint Tenancy
Co-ownership

Joint Tenancy

D. Differences between Co-ownership and Partnership

Co-ownership
GATCHALIAN v COLLECTOR ( )
E. Source of Co-ownership
1.

Law
i.

Cohabitation
Art 147, FC
Art 148, FC
Art 90

ii.

Purchase
Art 1452

iii.

Succession
Intestate: Art 1452
Testate: Property is given to 2 or more heirs

iv.

Donation
Art 753
Art 573, 2nd Par

v.

Chance
Art 472

SIARI VALLEY ESTATE v LUCASAN ()

vi.

Hidden treasure
Art 348

vii.

Easement of party wall

Art 658

Partnership

Page 15 of 49
viii.

Occupation

PUNZALAN v BOON LIAT ( )

ix.
2.

Condominium Law
Sec 6 (c), RA 4726
Contracts
a.

By agreement
Duration of co-ownership: Art 494

b.

Universal partnership
Art 1778
Art 1779
Art 1780

c.

Associations and societies with secret articles

Art 1775

F.

Rights of each co-owner as to the thing owned in common

1.

To use the thing according to the purpose intended may be altered by agreement, express or implied,
provided:
a. It is without injury or prejudice to interest of co-ownership and;
b. Without preventing the use of other co-owners
Art 486

PARDELL v BARTOLOME ( )
2.

To share in the benefits in proportion to his interest, provided the charges are borne by each in the same
proportion
Art 485

3.

Contrary stipulation is void

Presumption is that portions are equal unless contrary is proved

Each co-owner may bring an action in ejectment

Art 487

RESUENA v CA (2005)
ACABAL v ACABAL (2005)
4.

To compel other co-owner to contribute:

a. to expenses for preservation of the thing or right owned in common
b. to payment of taxes
Art 488

5.

Co-owners option not to contribute by waiving his undivided interest equal to amount of
contribution dacion en pago
Exception: if waiver is prejudicial to co-ownership
Requisites before repairs for preservation may be made or expenses for embellishment or
improvement may be made
Art 489
Effects of failure to notify co-owners

To oppose any act of alteration

Remedy of other co-owners re acts of alteration
Art 491
ACTS OF ALTERATION

Page 16 of 49
a.

Concept
Any change injurious to the thing owned in common or to the rights of other co-owners or
Any change material to the use, destination or state of thing which act is in violation of the
express or tacit agreement of the co-owners

b.

Distinguished from acts of administration

Art 492
Acts of Alteration

c.

Acts of Administration

Effect of acts of alteration and remedies of non-consenting co-owner

QUERY: Is lease of real property owned in common an act of alteration?

Art 647
in relation to Art 1878 (8)
6.

To protect against acts of majority which are prejudicial to minority

Art 492, 3rd Par

LAVADIA v COSME ()
MELENCIO v DY TIAO LAY ()
TUASON v TUASON ()
7.

To exercise legal redemption

Art 1620
Art 1623

MARIANO v CA ()
VERDAD v CA ()
8.

To ask for partition

Art 494

RAMIREZ v RAMIREZ ()
AGUILAR v CA (1993)
VDA DE APE v CA (2005)
9.

Other cases where legal right of redemption is given

Art 1621
Art 1622

HALILI v CA (1998)
FRANCISCO v BOISER (2000)
G. Implications of co-owners right over his ideal share
1.

Co-owner has the right:

a.
b.
c.
d.

2.

To share in fruits and benefits

To alienate, mortgage or encumber and dispose of his ideal share
BUT: Other co-owners may exercise right of legal redemption
To substitute another person in the enjoyment of thing
To renounce part of his interest to reimburse necessary expenses incurred by another owner
Art 488

Effect of transaction by each co-owner

a.
b.
c.

Limited to his share in the partition

Transferee does not acquire any specific portion of whole property until partition
Creditors of co-owners may intervene in partition or attack the same if prejudicial
Art 499

Page 17 of 49
EXCEPT that creditors cannot ask for rescission even if not notified in the absence of fraud
Art 497
CARVAJAL v CA ()
PAMPLONA v MORETO ()
CASTRO v ATIENZA ()
ESTOQUE v PAJIMULA ()
DIVERSIFIED CREDIT v ROSADO ()
PNB v CA ()
H. Rules on co-ownership not applicable to conjugal partnership of gains or absolute community
of property
I.

Special rules on co-ownership of different stories of a house as differentiated from provisions

of Condominium Law (Act No. 4726)

1.

Concept of Condominium

2.

Essential requisites for Condominium

3.

Rights and obligations of Condominium owner

SUNSENT VIEW CONDOMINIUM v JUDGE CAMPOS (1981)

J.

Extinguishment of co-ownership

1.

Total destruction of thing

2.

Merger of all interests in one person

3.

Acquisitive prescription
a.
b.

By a third person
By one co-owner as against the other co-owners

REQUISITES - Unequivocal acts of:

i.
Unequivocal acts of repudiation of co-ownership (acts amounting to ouster of other coowners) known to other co-owners and shown by clear and convincing evidence
ii.
Open and adverse possession, not mere silent possession for the required period of
extraordinary acquisitive prescription
iii.
The presumption is that possession by co-owner is not adverse

CAPITLE v DE GABAN (2004)

4.

Partition or division
a.

Right to ask for partition at any time, EXCEPT:

i.

When there is a stipulation against it (should not be over 10 years)

Art

ii.

When condition of indivision is imposed by transferor (donor or testator) not exceeding 20

years
Art 494

iii.

When the legal nature of community prevents partition (party wall)

Art

iv.

When partition is generally prohibited by law

E.g. absolute community of property

v.

When partition would render the thing unserviceable (but the thing may be sold and co-owners
divide the proceeds)
Art 494

Page 18 of 49

Action for partition will fail if acquisitive prescription has set in

b.

Effect of partition
Art 1091
Art 543
Art 1092
Art 1093
Art 499
Art 500
Art 501

c.

Right of creditors of individual co-owners

Art 497

d.

Procedure for partition

Rule 69, Rules of Court

Page 19 of 49

VI. POSSESSION
A. Definition and Concept

POSSESSION

Is the holding of a thing OR the enjoyment of a right, whether by material occupation or by the fact
that the thing or the right is subjected to the action of our will
It is a real right independent of and apart from ownership i.e. the right of possession (jus possessionis)
as distinguished from the right to possess (jus possidendi)

Art. 546: Carbonell v. CA 69 SCRA 99

Art. 559: EDCA Publishing v. Santos 184 SCRA 614
Ramos v. Director, 39 Phil 175 (1918)
Vano v. Government, 41 Phil 161 (1920)
Lasam v. Director, 65 Phil 367 (1938)
Director v. IAC, 209 SCRA 214 (1992)
B. Essential Requisites of Possession
1.

Holding or control of a thing or right (corpus) consists of either

a.
b.
c.

The material or physical holding or occupation either

Exercise of a right
Constructive possession (intention to possess is very crucial)

RAMOS v DIRECTOR OF LANDS ( )

DIRECTOR v CA ( )
2.

Intention to possess (animus possidendi)

C. Degrees of Holding of Possession

1.

Mere holding or possession without title whatsoever and in violation of the right of the owner
E.g. possession of a thief/robber or a usurper of land

2.

Possession with a juridical title, but not that of ownership

E.g. possession of tenant, depository agent, bailee, trustee, lessee, antichretic creditor.

This degree of possession will never ripen into full ownership as long as there is no repudiation
of concept under which property is held.

3.

Possession with a just title or title sufficient to transfer ownership, but not from the true owner
E.g. possession of a vendee from vendor who pretends to be the owner

This degree of possession ripens into full ownership by lapse of time.

4.

Possession with a just title from the true owner

The delivery of possession transfers ownership, and strictly speaking, is the jus possidendi.

D. Cases of Possession
1.

Possession for oneself or possession exercised in ones own name and possession in the name of
another
Art 524

2.

Possession in the concept of an owner and possession in the concept of a mere holder with the
ownership belonging to another
Art 525

3.

Possession in good faith and possession in bad faith

Art 526

Page 20 of 49
PLEASANTVILLE DEVT CORP v CA ( )
a.

Mistake upon a doubtful or difficult question of law as a basis of good faith

KASILAG v ROQUE (1939)

E. What things or rights may be possessed
Art 530 Only things or rights susceptible of appropriation may be the object of possession
F.

What may not be possessed by private persons

1.

Res Communes

2.

Property of public dominion

3.

Right under discontinuous and/or non-apparent easement

G. Acquisition of Possession
1.

Ways of acquiring possession

Art 531
a.

Material occupation of the thing

b.

Subject to the action of our will

i.
Doctrine of constructive possession
ii.
Includes constructive delivery
1) Traditio brevi manu thing is already in transferees hands

E.g. under a contract of lease, then delivered under a sale

2) Traditio constitutum possessorium thing remains in transferors hands

E.g. sale, then retained under a commodatum

c.

Proper acts and legal formalities

Refers to the acquisition of possession by:

Sufficient title
Inter vivos
Mortis causa
Lucrative or onerous

Includes traditio longa manu and tradition simbolica, donations, succession (testate or
intestate), contracts, judicial writs of possession, writ of execution of judgments, execution and
registration of public instruments

BANCO ESPANOL FILIPINO v PETERSON ( )

2.

By whom possession be acquired

Art 532
a.

By same person
ELEMENTS OF PERSONAL ACQUISITION

b.

By his legal representatives

REQUISITES

c.

By his agent

d.

By any person without any power whatsoever but subject to ratification, without prejudice to the
proper case of negotiorum gestio
Art 2144
Art 4129
Art 2150

Page 21 of 49
e.
3.

Qualifiedly, minors and incapacitated persons

Art 535

What do not affect possession

Art 537
Art 1119
a.

Acts merely tolerated

Art 537

MACASAET v MACASAET (2004)

b.

Acts executed clandestinely and without the knowledge of the possessor

Art 537

c.

Acts by violence as long as possessor objects thereto (i.e. he files a case)

Art 536

CUAYCONG v BENEDICTO ()
ASTUDILLO v PHHC ()
PERAN v CFI ()
4.

Rule to solve conflict of possession

Art 538

GENERAL RULE: Possession cannot be recognized in two different personalities.

EXCEPTION: In cases of co-possession by co-possessors without conflicting claims or interest
In case
a.
b.
c.
d.

of conflicting possession, preference is given to:

Present possessor or actual possessor
If there are 2 or more possessors, the one longer in possession
If dates of possession are the same, the one who presents a title
If all conditions are equal, the thing shall be placed in judicial deposit pending determination of
possession or ownership through proper proceedings

H. Effects of Possession
1.

In general, every possessor has a right to be respected in his possession; if disturbed therein,
possessor has right to be protected in or restored to said possession
Art 539
a.
i.

Actions to recover possession

Accion interdictal or Summary proceedings forcible entry and unlawful detainer
Plaintiff may ask for writ of preliminary mandatory injunction
Within 10 days from the filing of complaint in forcible entry
Art 539

YU v HONRADO ( )
ii.

Accion publiciana based on superior right of possession, not ownership

iii.

Accion reivindicatoria recovery of ownership, including the right to possess

iv.

Action for replevin possession or ownership for movable property

b.
2.

Lawful possessor can employ self-help

Art 429

Entitlement to fruits possessor in good faith/bad faith

Art 544
Art 549

Page 22 of 49
3.

Reimbursement for expenses possessor in good faith/bad faith

Liability for loss or deterioration of property by possessor in bad faith

Art 553
Art 552

4.

Possession of movable acquired in good faith (in concept of owner) is equivalent to title
Art 559

Possessor has actual title which is defeasible only by true owner

One who has lost a movable or has been unlawfully deprived thereof may recover it but without
reimbursement
EXCEPT: If possessor acquired it at a public sale

I.

Effect of possession in the concept of an owner

1.

Possession may by lapse of time ripen into full ownership, subject to certain exceptions.

2.

Presumption of just title and cannot be obliged to show or prove it

Art 541
EXCEPTION: Art 1131

3.

Possessor may bring all actions necessary to protect his possession except accion reivindicatoria

4.

May employ self-help under Art 429

5.

Possessor may ask for inscription of such real right of possession in the Registry of Property

6.

Has rights to fruits and reimbursements for expenses (assuming he is a possessor in good faith)

7.

Upon recovery of possession which he has been unlawfully deprived, may demand fruits and damages

8.

Generally, he can do on the things possessed everything that the law authorizes the owner to do until he is
ousted by the one who has a better right

9.

Possession in good faith and possession in bad faith

Art 528

Mistake upon a doubtful or difficult question of law as a basis of good faith

Art 526, Par 3

J.

Presumptions in favor of the possessor

1.

Of good faith until the contrary is proved

Art 528

2.

Of continuity of initial good faith in which possession was commenced or possession in good faith does
not lose his character except in the case and from the moment possessor became aware or is not unaware
of improper or wrongful possession
Art 528

CORDERO v CABRAL ( )
3.

Of enjoyment of possession in the same character in which possession was acquired until contrary is
proved
Art 529

4.

Of non-interruption of possession in favor of present possessor who proves possession at a previous

time until the contrary is proved
Art 554
Art 1120
Art 1121
Art 1122
Art 1123
Art 1124

Page 23 of 49
5.

Of continuous possession or non-interruption of possession of which he was wrongfully deprived for all
purposes favorable to him
Art 561

6.

Other presumptions with respect to specific properties of property rights

a.

Of extension of possession of real property to all movables contained therein so long as it is

not shown that they should be excluded
Art 426

b. Non-interruption of possession of hereditary property

Art 533
Art 1078
c.

Of just title in favor of possessor in concept of owner

Art 541
cf. Art 1141

K. Possession may be lost by

1.
2.
3.
4.

Abandonment
Assignment, either onerous or gratuitous
Destruction or total loss of thing or it goes out of commerce
Possession by another; if possession has lasted longer than one year; real right of possession not lost until
after 10 years

Subject to Art 537 (on acts merely tolerated, etc)

A.

Page 24 of 49

VII. USUFRUCT
A. Concept
Art 562

USUFRUCT

Is a real right, temporary in character that authorizes the holder to enjoy all the advantages derived
from a normal exploitation of anothers property, according to its destination or purpose, and imposes
an obligation of restoring at the time specified, either the thing itself or its equivalent.
Pascual v. Angeles, 4 Phil 604 (1905)
Bachrach v. Seifer, 97 Phil 483
Hemedes V. CA, 316 SCRA 347 (1999)
B. Historical Considerations
C. Characteristics of Usufruct
D. Usufruct Distinguished from Lease; from Servitude
Usufruct

Lease

Usufruct

Servitude

E. Classes of Usufruct
1.

By origin
a.
b.
c.

2.

By person enjoying the right of usufruct

a.
b.

3.

Simple
Multiple
i.
Simultaneous
ii.
Succession
Limitation on successive usufruct
Art 756
Art 863
Art 869

By object of usufruct
a.
b.

4.

Voluntary
Legal
Art 321
Art 226, FC
Mixed

Rights
Art 574
Things
i.
Normal
ii.
Abnormal, irregular or quasi-usufruct

By the extent of usufruct

a.

As to the fruits
i. Total

Page 25 of 49
ii.

Partial
Art 598

b.

As to object
i. Singular
ii. Universal
Art 595
Subject to provisions of:
Art 758
Art 759

5.

By the terms of the usufruct

Art 564
a.
b.
c.

F.

Pure
Conditional
With a term (period)

Rights of Usufructuary

Fabie v David, 75 Phil. 536 (1945)

Baluran v Navarro, 79 SCRA 309 (1977)
1.

As to the thing and its fruit

a.

Right to possess and enjoy the thing itself, its fruits and accessions

Fruits consist of natural, industrial and civil fruits

As to hidden treasure, usufructuary is considered a stranger

Art 566
Art 436

Fruits pending at the beginning of usufruct

Art 567

Civil fruits
Art 569
Art 588

b.

Right to lease the thing

Art 572

Limitations

Liability of usufructuary
Art 590

Exceptions to right of leasing the thing

FABIE v DAVID ()
c.
2.

Right to improve the thing

Art 579

As to the legal right of usufruct itself

a. Right to mortgage
Right of usufruct
Art 572
b.

Right to alienate the usufruct

EXCEPT:

In purely personal usufructs

When title constituting it prohibits the same

G. Rights of Naked Owner

Page 26 of 49
1.

At the beginning, during, and termination of usufruct

(See obligations of usufructuary at the beginning of the usufruct)

2.

During the usufruct

a. Retains title to the thing or property
b. He may alienate the property
Limitations:
Art 581

H. Obligations of Usufructuary
v. Rizal, 67 Phil 608 (1939)
Gaboya v Cui, 38 SCRA 85 (1971)
1.

At the beginning of usufruct or before exercising the usufruct

a.

To make inventory
Art 583
i.

REQUISITES OF INVENTORY
1) Immovables described
2) Movables appraised

ii.

EXCEPTION TO REQUIREMENT OF INVENTORY

1) No one will be injured thereby
Art 585
2) Title constituting usufruct excused the making of inventory
3) Title constituting usufruct already makes an inventory

b.

2.

To give a bond for the faithful performance of duties as usufructuary

i.

No bond are required in the following:

1) No prejudice would result
Art 585
2) Usufruct is reserved by donor
Art 584
3) Title constituting usufruct excused usufructuary
4) If usufructuary takes possession under a caucion juratoria

ii.

Effect of filing a bond

Art 588

iii.

Effect of failure to give bond

Art 586
Art 599

During the usufruct

a.

To take care of the thing like a good father of a family

Art 589
Effect of failure to comply with obligation
Art 610

b.

To undertake ordinary repairs

Art 592
ORDINARY REPAIRS

c.

To notify owner of need to undertake extra-ordinary repairs

Art 593
EXTRA-ORDINARY REPAIRS
1) Concept of extraordinary repairs

Page 27 of 49
2) Naked owner obliged to undertake them but when made by owner, usufructuary pays legal
interest on the amount while usufruct lasts
Art 594, 1st Par
3) Naked owner cannot be compelled to undertake extraordinary repairs

If indispensable and owner fails to undertake extraordinary repairs, it may be made by

usufructuary;

Repairs usufructuary rights

Art 594, 2nd Par
d.

To pay for annual charges and taxes on the fruits

BD. OF ASSESSMENT APPEALS OF ZAMBOANGA DEL SUR v SAMAR MINING COMPANY INC ()

3.

e.

To notify owner of any act detrimental to ownership

Art 601

f.

To shoulder the costs of litigation re usufruct

Art 602

g.

To answer for fault or negligence of alienee, lessee or agent of usufructuary

Art 590

At the time of termination of the usufruct

a.

To deliver the thing in usufruct to the owner in the condition in which he has received it, after
undertaking ordinary repairs
EXCEPTION: abnormal usufruct

I.

Special Cases of Usufruct

1.

Usufruct over a pension or periodical income

Art 570

2.

Usufruct of property owned in common

Art 582

3.

Usufruct of head of cattle

Art 591

4.

Usufruct over vineyards and woodlands

Art 575
Art 576

5.

Usufruct on a right of action

Art 578

6.

Usufruct on mortgaged property

Art 600

7.

Usufruct over an entire patrimony

Art 598
Liability of usufructuary for debts

8.

Usufruct over deteriorable property

Art 578

9.

Usufruct over consumable property (or quasi-usufruct)

Art 574

J.

Extinguishment of Usufruct
Art 603

Albar v Carandang, 106 Phil. 855 (1959)

Page 28 of 49
Palad v. Navarro, 46 SCRA 354 (1972)
1.

Death of usufructuary
EXCEPTION: unless a contrary intention clearly appeals

2.

Expiration of period or fulfillment of resolutory condition imposed on usufruct by person constituting the
usufruct

Time may elapse before a third person attains a certain age, even if the latter dies before period
expires unless granted only in consideration of his existence
Art 606

BALURAN v NAVARRO ()
NHA v CA ()
BULACAN GARDEN CORP v MANILA SEEDLING BANK ()
3.

Merger of rights of usufruct and naked ownership in one person

4.

Renunciation of usufruct
a. Limitations
b. Must be express
c. If made in fraud of creditors, waiver may be rescinded by them through action under Art 1381

5.

Extinction or loss of property

a.

b.

If destroyed property is insured before the termination of the usufruct

Art 608
1.

When insurance premium paid by owner and usufructuary

Art 608, 1st Par
i.
If owner rebuilds, usufruct subsists on new building
ii.
If owner does not rebuild, interest upon insurance proceeds paid to usufructuary

2.

When the insurance taken by owner only because usufructuary refuses

Art 608, 2nd Par
i.
Owner entitled to insurance money (no interest paid to usufructuary)
ii.
If he does not rebuild, usufruct continues over remaining land and/or owner may pay
interest on value of both
Art 607
iii.
If owner rebuilds, usufruct does not continue on new building, but owner must pay interest
on value on land and old materials

3.

When insurance taken by usufructuary only depends on value of usufructuarys insurable

interest (not provided for in the Civil Code)
i.
Insurance proceeds to usufructuary
ii.
No obligation to rebuild
iii.
Usufruct continues on the land
iv.
Owner does not share in insurance proceeds

If destroyed property is not insured

Art 607
1.

If building forms part of an immovable under usufruct

i. If owner does not rebuild, usufruct continues over the land and materials
ii. If owner rebuilds, usufructuary must allow owner to occupy the land and to make use of
materials, but value of both land and materials (____???)

6.

Termination of right of person constituting the usufruct

7.

Prescription
Cases covered:
a. If third party acquires ownership of thing or property in usufruct

Page 29 of 49
b.
c.
d.
8.

Right of ownership lost through prescription

Right of usufruct not began within prescriptive period
If there is a tacit abandonment or non-user of thing held in usufruct for required period

What do not cause extinguishment of usufruct

a.

Expropriation of thing in usufruct

Art 609

b.

Bad use of thing in usufruct

Art 810
Owners right

c.

Usufruct over a building

Art 607
Art 608
K.

Page 30 of 49

VIII. EASEMENTS OR SERVITUDES

A. Definition

EASEMENT or REAL SERVITUDES

Is a real right which burdens a thing with a prestation consisting of determinate servitudes for the
exclusive enjoyment of a person who is not its owner or of a tenement belonging to another,
Is the real right over an immovable by nature i.e. land and buildings, by virtue of which the owner of
the same has to abstain from doing or to allow somebody else to do something in his property for the
benefit of another thing or person.

Lunod v Meneses, 11 Phil 128 (1908)

Aneco Realty v Landex, 560 SCRA 182 (2008)
B. Essential feature of easements/real servitudes/praedial servitudes
1.

It is a real right, i.e. it gives an action in rem or real action against any possessor of servient estate.

2.

It is a right enjoyed over another property (jus in re aliena or a right in the property of another) i.e. it
cannot exist in ones own property (nemini nulli res sua servit or no one can have servitude on a property
of his own).

3.

It is a right constituted over an immovable by nature (land and buildings), not over immovables.

4.

It limits the servient owners right of ownership for the benefit of the dominant estate Right of limited
use, but no right to possess servient estate. Being an abnormal limitation of ownership, it cannot be
presumed.

5.

It creates a relation between tenements.

6.

It cannot consists in requiring the owner of the servient estate to do an act (servitus in faciendo consistere
nequit or servitudes may not impose positive acts) unless the act is accessory to a praedial servitude
(obligation propter rem)

7.

Generally, it may consist in the owner of the dominant estate demanding that the owner of the servient
estate refrain from doing something (servitus in non faciendo), or that the latter permit that
something be done over the servient property (servitus in patendo), but not in the right to demand that
the owner of the servient estate to do something (servitus in faciendo) EXCEPT if such act is an
accessory obligation to a praedial servitude (obligation propter rem)

CHARACTERISTICS OF EASEMENTS (Nos. 8-11)

8.

It is inherent or inseparable from estate to which they actively or passively belong.

Art 617

9.

It is intransmissible, i.e. it cannot be alienated separately from the tenement affected, or benefited.

10. It is indivisible.
Art 616
11. It has permanence, i.e. once it attaches, whether used or not, it continues and may be used anytime.
C. Classification of Servitudes
1.

As to recipient of benefits
a.
b.

Real or Praedial
Personal
N.B.: Under Roman Law, usufruct together with usus habitatio, and operae servorum were classified as
personal servitude]

Page 31 of 49
Art 614
2.

As to course or origin
a.
b.

3.

As to its exercise
Art 615
a.
b.

4.

Continuous
Discontinuous

As indication of its existence

Art 615
a.
b.

5.

Legal, whether for public use or for the interest of private persons
Art 634
Voluntary

Apparent
Non-apparent

By the object or obligation imposed

Art 616
a.
b.

Positive
Negative

Prescription starts to run from service of notarial prohibition

D. General rules relating to servitudes

1.
2.
3.
4.
5.

No one can have a servitude over his own property (nulli res sua servit)
A servitude cannot consist in doing (servitus in faciendo consistere nequit)
There cannot be a servitude over another servitude (servitus servitudes esse non potest)
A servitude must be exercised civiliter, i.e. in a way least burdensome to the owner of the land.
A servitude must have a perpetual cause.

E. Modes of acquiring easements

NORTH NEGROS v HIDALGO ()
1.

By title

Juridical act which give rise to the servitude e.g. law, donations, contracts or wills

DUMANGAS v BISHOP OF JARO ()

a.

If easement has been acquired but no proof of existence of easement available, and easement is one
that cannot be acquired by prescription, then
i.
May be cured by deed of recognition by owner of servient estate
ii.
By final judgment
iii.
Existence of an apparent sign considered a title
Art 624

AMOR v FLORENTINO ()
2.

By prescription

RONQUILLO v ROCO ()
F.

Rights and obligations of owners of dominant and servient estates

Dominant Estate
1.

Right of owner of dominant estate

Page 32 of 49
a.

b.
c.

To use the easement

Art 626
To exercise all rights necessary for the use of the easement
Art 625
To do, at his expense, all necessary works for the use and preservation of the easement
Art 627
In a right of way, to ask for change in width of easement sufficient for needs of dominant estate
Art 651

DE LUNA v ENCARNACION ()
2.

Obligations of the owner of dominant estate

a.
b.
c.

To use the easement for benefit of immovable and in the manner originally established
Art 626
To notify owner of servient estate before making repairs and to make repairs in a manner least
inconvenient to servient estate
Art 627
Not to alter easement or render it more burdensome
Art 627

VALDERRAMA v NORTH NEGROS ()

d.

To contribute to expenses of works necessary for use and preservation of servitude, if there are
several dominant estates, unless he renounces his interest
Art 628

Servient Estate
3.

4.

Rights of owner of servient estate

a.

To retain ownership and use of his property

Art 630

b.

To change the place and manner of use the easement

Art 629, 2nd Par

Obligations of the servient estate

a.

Not to impair the use of the easement

Art 628, 1st Par

b.

To contribute proportionately to expenses if he uses the easement

Art 628, 2nd Par

G. Modes of extinguishment of easements

Art 631 Easements are extinguished by:
1.

Merger in the same person of the ownership of the dominant and servient estates

Must be absolute, perfect and definite, not merely temporary

2.

Non-user for 10 years

a. Computation of the period
i.
Discontinuous easements counted from the day they ceased to be used
ii.
Continuous easements counted from the day an act adverse to the exercise took place
b. The use by a co-owner of the dominant estate bars prescription with respect to the others
Art 633
c. Servitudes not yet exercised cannot be extinguished by non-use

3.

Extinguishment by impossibility of use

4.

Expiration of the term or fulfillment of resolutory condition

Page 33 of 49
5.

Renunciation of the owner of dominant estate

Must be specific, clear, express (distinguished from non-user)

6.

Redemption agreed upon between the owners

7.

Other causes not mentioned in Art 631

a. Annulment or rescission of the title constituting the easement
b. Termination of the right of grantor
c. Abandonment of the servient estate
d. Eminent domain
e. Special cause for extinction of legal easement of rights of way; if right of way no longer necessary

H. Legal Easements
Privatization vsLegaspi Towers, 593 SCRA 382 (2009)
Velasco v Cusi, 105 SCRA 616 (1981)
Valisno v Adriano, 161 SCRA 398 (1988)
La Vista v CA, 278 SCRA 498 (1997)
Valderrama v North Negros Sugar, 48 Phil 482 (1925)
Goldcrest v Cypress GR No. 171072, April 7, 2009 Fabie v Lichauco, 11 Phil. 15 (1908)
1.

2.

Law governing legal easements

a.

For public easements

i.
Special laws and regulations relating thereto
1) PD 1067 Water Code
2) PD 705 Forestry Reform Code
ii.
Provisions of Chapter 2, Title VII, Book II of CC (Legal Easements)

b.

For private legal easements

i.
By agreement of the interested parties whenever the law does not prohibit it and no injury is
suffered by a 3rd person
ii.
By the provisions of Chapter 2, Title VII, Book II of CC (Legal Easements)

Private legal easements provided for by the New Civil Code

a) Those established for the use of water or easements relating to waters
Iloilo Cold Storage v. Municipal Council, 24 Phil 471 (1913)
Velasco v. Manila Electric Co., 40 SCRA 342 (1971) Tamin v. CA, 208 SCRA 863 (1992)
Initiatives for Dialogue and Empowerment through Alternative Legal Services, Inc. (IDEALS, INC.) vs.
Power Sector
Assets and Liabilities Management Corporation (PSALM) , 682 SCRA 602(2012)

1) Natural drainage of waters

Art 637
ONGSIAKO v ONGSIAKO ()
2) Easements on lands along riverbanks
Art 638
See Water Code
3) Abutment of a dam
Art 639
4) Aqueduct
Art 642
Art 643
Art 644
Art 645
Art 646

Page 34 of 49
5) Drawing waters and watering animals
Art 640
Art 641
6) Stop lock or sluice gate
Art 649
b) The easement of right of way
Art
Art
Art
Art
Art
Art
Art
Art
Art

649
650
651
652
653
654
655
656
657

QUIMEN v CA (1996)
CHAN v CA ()
LA VISTA ASSN v CA (1997)
VDA. DE BELTAZAr v CA ()
SPS. DELA CRUZ v RAMISCAL (2005)
Valdez v Tabisula, 560 SCRA 332 (2008)
St. Michael School v MasaitoDevt., 547 SCRA 263 (2008)
Quintanilla v Abangan, 544 SCRA 494 (2008)
Obra v SpsBadua, 529 SCRA 621 (2007)

c)

The easement of party wall

Art
Art
Art
Art
Art
Art
Art
Art
Art

658
659
660
661
662
663
664
665
666

d) The easement of light and view

Art
Art
Art
Art
Art
Art
Art

667
668
669
670
671
672
673

Page 35 of 49

e) The easement of drainage of buildings

Art 674
Art 675
Art 676
Unisource Commercial v Chung, 593 SCRA 230 (2009)

f)

The easement of distance for certain constructions

Art
Art
Art
Art
Art

677
678
679
680
681

g) The easement against nuisances

Art 682
Art 683
Cold Storage v. Municipal Council, 24 Phil 471 (1913)
Ongsiaco v Ongsiaco, 101 Phil. 1196 (1957)
Farrales v. City Mayor of Baguio, 44 SCRA 239 (1972)
Calma v CA, 176 SCRA 556 (1989)
h) The easement of lateral and subjacent supports
Art
Art
Art
Art

684
685
686
687

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BOOK III DIFFERENT MODES OF

ACQUIRING OWNERSHIP
Mode and Title Differentiated

MODE

The specific cause which produces dominion and other real rights as a result of the co-existence of
special status of things, capacity and intention of persons and fulfillment of requisites of law
Proximate cause

TITLE

Every juridical right which gives a means to the acquisition of real rights but which in itself is
insufficient
Remote cause

Modes of Acquiring Ownership

ORIGINAL MODES

Which produce the acquisition of ownership independent of any pre-existing right of another person,
hence, free from any burdens or encumbrances
a.
b.

Occupation
Intellectual creation

DERIVATIVE MODES

Based on a right previously held by another person and therefore, subject to the same characteristics,
powers, burden etc as when held by previous owner

Law - e.g.
o Registration under Act 496
o Estoppel of title
Art 1434
o Marriage under ACP
o Hidden treasure
o Accession
Art 445
o Change in rivers course
Art 461
o Accession continua over movables
Art 466
Art 6681
Art 1456
Art 120
a) Donation

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b) Succession
c) Involuntary Modes: Prescription and laches:

Page 38 of 49
Cutanda v. Cutanda, 335 SCRA 418 (2000)
Serespi v. CA, 331 SCRA 293 (2000)
Cimafranca v. IAC, 147 SCRA 611 (1987)
Casipit v. CA, 204 SCRA 684 (1991)
De Cabrera v. CA, 267 SCRA 339 (1997)
D.B.T. Mar-Bay Construction, Incorporated vs. Panes, 594 SCRA 578 (2009)
d) Tradition
REQUISITES:
(1) Pre-existence of right in estate of grantor
(2) Just cause or title for the transmission
(3) Intention (of both grantor and grantee)
(4) Capacity (to transmit and to acquire)
(5) An act giving it outward form, physically, symbolically or legally
LEGAL MAXIM: Non nudis pactis, sed traditione, dominia rerum transferentur (Not by mere agreement, but
by delivery, is ownership transferred.)
KINDS OF TRADITION
a.
b.

Real tradition
Constructive tradition
i. Symbolical delivery
ii. Delivery of public instrument
iii. Traditio longamanu
iv. Traditio brevi manu
v. Traditio constitutum possessorium
vi. Quasi-tradition
vii. Tradition by operation of law

Occupation
a.

Not applicable to ownership of a piece of land

Art 714

b.

Privilege to hunt and fish regulated by special law

Art 715

c.

Occupation of a swarm of bees or domesticated animals

Art 716
Art 560

d.

Pigeons and fish

Art 717

e.

Hidden treasure
Art 718
Art 438
Art 439

f.

Lost movables
Art 719
Art 720
Procedure after finding lost movables

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Intellectual creation
Intellectual Property Code (RA 8293)
Intellectual Property Rights (IPR):
a. Copyright & related rights
b. Trademarks & service marks
c. Geographic indications
d. Industrial designs
e. Patents
f. Topographies of integrated circuits
g. Rights of performers, producers of sound recordings & broadcasting orgs
h. Protection of undisclosed information
i. Laws repealed by the IPC
Sec 239 All acts and part of acts inconsistent with Intellectual Property Code, particularly:

PD 49 Intellectual Property Decree, including PD 285 as amended

RA 165, as amended Patent Law

RA 166, as amended

Arts 188 and 189 of the RPC

Page 40 of 49

DONATION
Nature of donation

A bilateral contract creating unilateral obligations on donors part

Bonsato v. CA, 95 Phil 481
Lagazo v. CA, 287 SCRA 24
Vitug v. CA 183 SCRA 755
Hemedes v. CA, 316 SCRA 347
Sumipat v. Banga, GR No. 155810, Aug. 13, 2004
Calicdan v. Cendea, GR No. 155080, Feb. 5, 2004
Shoppers Paradise Realty v. Roque, GR No. 148775, Jan. 13, 2004
Noceda v. CA, 313 SCRA 504
Yulo and Sons. V. Roman Catholic Bishop of San Pablo, GR No. 133705,
Mar. 31, 2005
Requisites of donation
a.
b.
c.
d.
NOTE

Consent and capacity of the parties

Animus donandi (causa)
Delivery of the thing donated
Form as prescribed by law
There must be impoverishment (in fact) of donors patrimony and enrichment on part of donee

Kinds of donation
1.

As to its taking effect

a. Inter vivos
Art 729
Art 730
Art 731
b. Mortis causa
Art 728
c. Propter nuptias
Art 82, FC
Art 87, FC

2.

As to
a.
b.
c.

3.

As to effectivity or extinguishment
a. Pure
b. Conditional
Art 730
Art 731
EFFECT OF AN IMPOSSIBLE CONDITION:
c. With a term

4.

Importance of classification
a. As to form
b. As to governing rules

cause or consideration
Simple
Remuneratory
Onerous imposes a burden inferior to the value of property donated
i. Improper burden equal in value to property donated
ii. Sub-modo or modal E.g. imposes a prestation upon donee as to how property
donated will be applied
Art 882
iii. Mixed donations negotium mixtum cum donatione e.g. sale for price lower than value
of property

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c.

As to impossible conditions
Art 727
Art 1183

5.

Characteristics of a donation mortis causa

a. Convey no title or ownership before donors death
b. Before donors death, transfer is revocable
c. Transfer is void if donor survives donee

6.

Distinction between donation mortis causa and donation inter vivos

a. What is important is the time of transfer of ownership even if transfer of property donated may
be subject to a condition or a term
b. Importance of classification validity and revocation of donation

Who may not give or receive donations

Art
Art
Art
Art
Art

735
737
738
741
742

Who may give or receive donations

Art
Art
Art
Art
Art
Art
Art

736
739
1027
1032
740
743
744

Acceptance of donation
1.

Who may accept

Art 745
Art 747

2.

Time of acceptance
a. of donation inter vivos
Art 746
b. of donation mortis causa

Form of donations
1.

Personal property
Art 748

2.

Real property
Art 749

3.

Rules in Art 748 and Art 749 not applicable to:

a. Onerous donations
b. Modal donations
c. Mortis causa donations
d. Donations propter nuptias

What may be donated

1.

All present property, or part thereof, of donor

a.

PROVIDED, he reserves in full ownership or usufruct, sufficient means for support of himself and all
relatives entitled to be supported by donor at the time of acceptance

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Art 750
b.

PROVIDED, that no person may give or receive, by way of donation, more than he may give or
receive by will
Art 752
Also, reserves property sufficient to pay donors debts contracted before donation, otherwise,
donation is in fraud of creditors
Art 759
Art 1387

2.

If donation exceeds the disposable or free portion of his estate, donation is inofficious
EXCEPTIONS

3.

a.

Donations provided for in marriage settlements between future spouses not more than 1/5
of present property
Art 84, FC
Art 130, CC

b.

Donations propter nuptias by an ascendant consisting of jewelry, furniture or clothing not to

exceed 1/10 of disposable portion
Art 1070

What may not be donated

a.

Future property
Art 751 Anything which donor cannot dispose of at the time of donation
EXCEPTION

Marriage settlements of future spouses only in event of death to extent laid down in CC re:
testamentary succession
Art 84, FC
Art 130 CC

Effect of donation
A.

In general

SHOPPERS PARADISE REALTY v ROQUE (2004)

1.

Donee may demand actual delivery of thing donated

2.

Donee is subrogated to rights of donor in property donated

Art 754

3.

Donor not obliged to warrant things donated, EXCEPT in onerous donations in which case donor is
liable for eviction up to the extent of burden
Art 754

4.

Donor is liable for eviction or hidden defects in case of bad faith on his part
Art 754

5.

In donations propter nuptias, donor must release property donated from mortgages and other
encumbrances, unless contrary has been stipulated
Art 131, CC

6.

Donations to several donees jointly - no right of accretion, EXCEPT

a. Donor provides otherwise
b. Donation to husband and wife jointly with right of accretion (jus accrescendi) UNLESS donor
provides otherwise
Art 753

Page 43 of 49
B. Special provisions
1.
2.
3.
4.

5.

Reservation by donor of power to dispose (in whole or in part) or to encumber property donated
Art 755
Donation of naked ownership to one donee and usufruct to another
Art 756
Conventional reversion in favor of donor or other person
Art 757
Payment of donors debt
Art 758
a. If expressly stipulated
o Donee to pay only debts contracted before the donation, UNLESS specified otherwise
o But in no case shall donee be responsible for debts exceeding the value of property donated,
UNLESS clearly intended
b. If there is no stipulation
o Donee answerable only for donors debt only in case of donation is in fraud of creditors
Illegal or impossible conditions
Art 727
Art 1183

Revocation and Reduction of Donations

A.

Revocation distinguished from reduction of donations

Revocation

Reduction

B. Causes of Reduction/Revocation
1.

2.

Inofficiousness of donation
Art 752
Art 771
Art 773
Art 911
Art 912
a.

Who may ask for reduction

Art 772

b.

Rule applied: If disposable portion is not sufficient to cover 2 or more donation

Art 773

Subsequent birth, reappearance of child or adoption of minor by donor

Art 760

C. Revocation only
1.

Ingratitude
a.

Causes
Art 765

b.

Time to file action for revocation

Art 769

c.

Who may file

Art 770

d.

Effect of revocation
On alienation and mortgages
Art 766
Art 767

Page 44 of 49
2.

Violation of condition
a.

Prescription of action

b.

Transmissibility of action

YULO AND SONS v ROMAN CATHOLIC BISHOP OF SAN PABLO (2005)

3.

Effect of revocation or reduction

Art 762
Art 764 Par 2
Art 767

4.

Effect as to fruits
Art 768

Page 45 of 49

Page 46 of 49

LEASE
A. General characteristics of every lease
1.
2.
3.

Temporary duration
Onerous
Price is fixed according to contract duration

B. Kinds of leases
1.

Lease of things movables and immovables

2.

Lease of work or contract of labor

Art 1700
Art 1701
Art 1702
Art 1703
Art 1704
Art 1705
Art 1706
Art 1707
Art 1708
Art 1709
Art 1710
Art 1711
Art 1712

3.

Lease of services
a.

Household service

b.

Contract for a piece of work

Art 1713
Art 1714
Art 1715
Art 1716
Art 1717
Art 1718
Art 1719
Art 1720
Art 1721
Art 1722
Art 1723
Art 1724
Art 1725
Art 1726
Art 1727
Art 1728
Art 1729
Art 1730
Art 1731

c.

Lease of services of common carriers

Art 1732
Art 1733
Art 1734
Art 1735
Art 1736
Art 1737
Art 1738
Art 1739

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Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art

1740
1741
1742
1743
1744
1745
1746
1747
1748
1749
1750
1751
1752
1753
1754
1755
1756
1757
1758
1759
1760
1761
1762
1763

C. Lease of things
1.

Concept
Art 1643

2.

Consumable things cannot be the subject matter of lease

EXCEPT
Art 1645
a. Consumable only for display or advertising
(Lease ad pompam et ostentationem)
b. Goods are accessory to an industrial establishment

3.

Special characteristics of lease of things

a. Essential purpose is to transmit the use and enjoyment of a thing
b. Consensual
c. Onerous
d. Price fixed in relation to period of use or enjoyment
e. Temporary

4.

Lease distinguished from Sale, Usufruct, Commodatum

5.

Period of lease cannot be perpetual

a.
b.

Definite period not more than 99 years

Indefinite period
i. Rural land
Art 1682
ii. Urban land
Art 1687

6.

Assignment of lease
Art 1649

7.

Sublease
Art 1650
a.

House Rental Law (RA 9653)

Page 48 of 49
b.

8.

9.

Obligation of sublessee to lessor

Art 1651
For rents
Art 1652

Rights and obligations of lessor and lessee

a.

Obligations of a lessor
Art 1654
Art 1661

b.

Obligations of lessee
Art 1657
Art 1662
Art 1663
Art 1665
Art 1668
Art 1667

c.

Right of lessee to suspend payment of rentals

Art 1658

d.

Right to ask for rescission

Art 1659
Art 1660

e.

Lessor not obliged to answer for mere act of trespass by a 3rd person
Art 1664

Grounds for ejectment of lessee by lessor

Art 1673
Note the grounds under the House Rental Law.
QUERY: Are they still effective?

10. Right to ask for writ of preliminary mandatory injunction in unlawful detainer cases
Art 1674
Art 539, Par 2
11. Implied extension of lease
Art 1670
Art 1682
Art 1687
Art 1675
12. Right of purchase of leased land
Art 1676
Art 1677
13. Useful improvements in good faith made by lessee
Art 1678
14. Special provisions for leases of rural lands
Art 1680
Art 1681
Art 1682
Art 1683
Art 1684
Art 1685
15. Special provisions for leases of urban lands
Art 1686
Art 1687

Page 49 of 49
Art 1688
More SPECIAL LAWS
Mining Act: La Bugal-Blaan Tribal Assn. v. Ramos, 421 SCRA 150 (2004)
Condominium Law, RA 4762 as amended by RA 7899
PROPERTY RIGHTS under Rep. Act No. 8371: Indigenous Peoples Rights Act