Title II of Property Ownership Arts.

427-439
Chapter 1: Ownership in general (12 articles)
427: Ownership may be exercised over things or rights
-Ownership may either be things or rights
-Things: only to material objects corporeal (consisting of a physical body or form) property
-Rights: real or personal incorporeal
-it would have been better to state that Ownership is exercised over property
-questions relating to ownership or even validity of a mortgage should generally be ventilated in
an ordinary civil action or proceeding except when the court is able to obtain sufficient evidence to
guide the Land Registration Court in formulating its decision
-informacion possessoria (possessory information): duly recorded in the Registry of Property
:prima facie evidence that the registered possessor is also the owner of the land involved.
-Torrens title as conclusive evidence of ownership: confirm and register the title which one may
already have on the land
Property v. Ownership
Etymology
Roman

Roman Law
Castan
no difference in extent
or contents but simply
a difference of
viewpoint

Property
Proprius meaning ones own
Proprietas- ownership

no difference bet the concepts of

property and ownership
Emphasizes the relation bet. The thing
and owner to whom it belongs

Ownership
Dominium meaning the absolute control over
thing except as may be restrained by law
Domus or house
Dominus- master of the house
Dominium- domestic power over the
household

Implies power over a thing w/c belong to the

owner

Civil Code
Things which are susceptible of
Mass or bundle of rights that may be exercised
(does not define but
appropriation/ object
over a property /rights
enumerates the rights
which are included
therein
An independent right of exclusive enjoyment and control of the thing for the purpose of deriving therefrom all
advantages required by the reasonable needs of the owner (holder of the right) and the promotion of the general
welfare but subject to the restrictions imposed by law and the right of others. (Justice J.B.L Reyes)
RIGHTS (EDR, EFD, JCH, A) The right to
Enjoy the property (428, par. 1)
Dispose (same)
Recover the property from any holder or possessor (par. 2)
Exclude any person from enjoyment and disposal (429)
Fence or enclose the land or tenement (430)

Demand indemnity for damages suffered due to lawful interference by a 3 rd person to avert an
imminent danger (432)
Just compensation in case of eminent domain (435)
Construct any works or make any plantations and excavations on the surface or subsurface of the land
(437)
Hidden treasure found in the owners property (438)
Accessions (440)
431-No injury to rights of 3rd persons
433- Disputable presumption of ownership
434- Requisites in an action to recover
436-Seizure as an exercise of police power
439- Requisites in the definition of hidden treasure
Attributes of
Ownership/rights of
an owner under roman
law
1. Jus utendi

Meaning

Article

Right to use
property without
destroying its
substance

428

2. Jus fruendi

Right to the fruits

the right to exclude

any person from the
enjoyment and
disposal thereof

Right to 3 kinds of
fruits:
a. Natural
-spontaneous
products of the soil
and the young and
other products of
animals2
b. Industrial

The owner
may use such
force as may
be
reasonably
necessary to
repel or
prevent an
actual or
threatened
unlawful
physical
invasion or
usurpation of
the property
(429)1
Only owners
and not
mortgagees
can claim
damages for
injury to the
fruits of a
piece of land
and for injury

Owner is entitled to intervene to protect his rights. If he is not allowed to intervene, a judgement against the
brother-possessor would generally not be binding on the brother-owner.
2
442

-those produced by
lands of any kind
through cultivation
or labor
c. Civil
-rents of buildings,
the price of leases of
lands and other
property and the
amount of perpetual
or life annuities or
other similar income
3. Jus disponendi
4. Jus abutendi

5. Jus possidendi
6. Jus vindicandi

Right to dispose or
alienate
Right to abuse or
to consume the
thing by its use
Right to possess
Right to recover

caused by the
deprivation
of
possession.

428

428

A. Ownership is a real right (Jus in re)

- power belonging to a person over a specific thing w/o a definite passive subject against whom
such right may be personally enforced.
- provides owner the most ample power of domination over the property
Jus in re/right in rem
Real right
-imposes an obligation on persons generally
- power belonging to a person over a specific thing without a
definite passive subject against whom such right may be
personally enforced.

Jus in Personam
Personal Right
-Imposes an obligation on a definite
person
-Right of obligation is the power
belonging to one person to demand
from another, as a definite passive
subject

-creates a direct relation bet. The specific thing and its holder
in such a way that it permits the holder to exclude others
from the enjoyment of the thing
-creates obligation on the part of 3 rd persons not to interfere
-possession
-usufruct
-easement
-pledge
-mortgage

2 general categories of real rights

Jus in re propria
Jus in re aliena
-Real rights over ones own property
-Rights are lesser rights than the right of

-independent; it can exist w/o necessity of other

rights

a. Dominium or jus in re
propia
-Full ownership
-includes all the rights of an
owner
Naked ownership +
usufruct= full ownership

ownership yet they make inroads upon and curtail

the rights of the owner
Ex. Possession, Usufruct, Mortgage and Easement
(some of his right of ownership was restricted and
abridged)
Usufruct: possesses a right over a thing owned by
another
Cannot exist independently of ownership because
they presuppose the existence of ownership

Kinds of ownership
b. Nuda proprietas
c. Sole ownership
-naked ownership
-the right to the use
and the fruit has been
denied.
Usufruct= full
ownership- naked
ownership

-ownership is vested
in only person

d. Co-ownership/
Tenancy in Common
-ownership is vested
in 2 or more owners
-unity of the property
and plurality of
subjects (Manresa)
-co-owners: the owner
of an undivided
aliquot part
(aliquot: contained an
exact no. of times in
something else)

Naked ownership= full

ownership- usufruct

Beneficial ownership
Legal Ownership
Naked Ownership
-Ownership recognized by law
and capable of being enforced in
court
-used in 2 senses:
(1)Equitable ownership: interest
of a beneficiary in trust property
(2)Power of a shareholder or
corporation to buy or sell, the
shares though the shareholder is
not registered in the
corporations book as the owner
- right to its enjoyment in one person where the legal title is in
another (beneficial use, ownership or interest)
-enjoyment of all benefits and privileges of ownership, as against the bare title to property
428: The owner has the right to (1) enjoy and (2) dispose of a thing, without other limitations than
those established by law.

The owner has also a right of action against the holder and possessor of the thing in order to
(3) recover it.
-Things embraces both material objects and rights
(1) RIGHT TO ENJOY
-Right of the owner to freely enjoy either the property itself or the benefits derived therefrom
- Jus possessidendi (possession), jus abutendi (consumption) or its jus utendi (use), jus fruendi
(enjoyment of its fruits), right to accession (enjoyment of anything attached or incorporated to
it, either naturally or artificially
a. Right to use and Abuse
Jus utendi (right to use)
Jus abutendi (right to consume)
-consumption of the thing by its use
-X (not) :right of the owner to exercise
absolute and unlimited power over the
thing to the point of destroying it by any
means; however inconvenient and
prejudicial to the public interest or to the
right of others
-use that extinguishes that consume by acts
of the owner, things which are
consummable
-a person can dispose of his wealth but he
must leave enough for his own support and
for those who is obliged to support (750). If
he wasted his money for the purpose of
depriving his compulsory heirs of their
rightful legitime, he may be declared a
spendthrift or prodigal.
(2) RIGHT TO DISPOSE
- power of the owner to dispose of his property includes the power to alienate, to encumber, to
limit, to transform, to destroy and to merge
Alienate
-Right of the owner to transmit either by:
a. Onerous
b. Gratuitous title
His right to another by any act of:
a. Inter vivos
b. Mortis causa
-Right is exclusively vested upon the owner
based upon no one can give what he does not
have:
-Ex. Sale and donation
(a seller need not to be the owner at the time
of perfection of the contract of sale. It is
sufficient that he be the owner at the time of
delivery (1459)
Limit or Encumber
-Power of the owner to deprive himself of the

Transform
Destroy

several of the rights included in ownership and

transfer them to another
-deprive himself by entering into contracts of
lease and commodatum (ex)
-constituting a usufruct: deprive himself to
enjoy his property including the right to receive
the fruits in favor of a third person.
-It is essential in the contract of mortgage or
pledge that the mortgagor or the pledgor be
the owner of the thing mortgaged or pledge,
otherwise the contract is null and void
-Power to change the nature of the thing, or its
form or destination
-Power to render useless or to abandon or
annihilate (thrash) the thing

(3) RIGHT TO RECOVER (jus vindicandi)

a. Right to possession
-entitled to exclusive possession of his property
-he may exclude any person from the enjoyment and disposal by force if necessary (429)
-he may also enclose or fence his property by any means (430)
-However, he is not justified to take the law into his own handsproper legal processes
to recover possession (433) and (536)3539, par1
-transmissible to the heirs or assignees of the person entitled to it.
Right included in ownership
Possession (right independent and apart
from ownership)
Jus possidendi
Jus possessionis
-right to possession
-right of possession (see Title 5 of Book 2)
b. Actions for recovery of possession
-replevin: an action or provisional remedy to recover possession of a personal property
under Rule 60, Rules of Court-machinery and equipment used for an industry and
indispensable for the carrying on of such industry, cannot be the subject, under
premises they real not personal property
-Other remedy: writ of preliminary injunction and writ of possession
-move in the premises resolution-not a license to occupy or enter the premises
subject of litigation esp. in cases involving real property. It simply means that the parties
are oblige to inform the Court of developments pertinent to the case which may be of
help to the court in its immediate disposition.
3 kinds of actions available to recover possession of real property
Accion Interdictal
Accion Publiciana/ Plenaria
Accion Reivindicatoria
de posesion
-comprises 2 distinct causes -action for recovery the
-reinvidcatory action
of action:
right to possess/plenary
-an action to recover
a. forcible entry
action to recover the
ownership over real
3

Modes thru which possession cannot be acquired (force, tolerance, secrecy)

4
5

(detentacion)
b. unlawful detainer
(desahuico)
-both within the exclusive
jurisdiction of MTC
-required to be brought
within 1 year from the date
of actual entry in case of
forcible entry,
-and from the date of the
last demand: unlawful
detainer
*prescriptive period
(554(4))4

better right of possession

- a plenary action5in an
ordinary civil proceeding
to determine the better
right of possession of
realty independent of the
title or ownership of the
property.
-jurisdiction shall depend
on the location of the
realty and its assessed
value
a. If the property is located
in Metro Manila and its
assessed value does not
exceed P50,000=
jurisdiction is with MTC
b. If it exceeds P50, 000=
with RTC
c. If it is situated outside
Metro Manila, it is the
MTC if the assessed value
does not exceed P20,000,
otherwise it is the RTC

Ejectment cases:
-intended to provide an
expeditious means of
protecting actual possession
or right to possession of
property
-not processes to determine
the actual title
-question is the physical or
material possession
(possession de facto)
-court: initial determination
who is the owner of the
property.
-determination of t he
ownership is not clothed
with finality
-limited to the question of
possession de facto

-also used to refer to an

ejectment suit filed after
the expiration of 1 year
from accrual of the cause
of action
-must be brought within a
period of 10 years,
otherwise the real right of
possession is lost.
-possession de jure

property
-must be brought within 10
years or 30 years as the
case may be depending on
whether the other party
seeks to obtain ownership
by ordinary (good faith and
just title runs for 10 years)
or extraordinary
prescription. (not require
good faith or just title, runs
for 30 years)
-constructive
trust=regardless of lapse of
time(imprescriptibility of
an implied trust)
-does not lapse by
death:recovery of title or
possession of real estate
-action for recoveyance
based on implied trust (10
years)
-based on fraud, (4 years
counted from the
discovery of fraud)

-determination of the
better right of possession
or possession de jure

The possession de facto is lost if the possession by another person has lasted for more than one year.
as distinguished from the summary nature of ejectment cases

Basis of the recovery:

plaintiffs real right of
possession/ jus possessionis

-plaintiff merely alleges

proof of a better right to
possess w/o claim

-if the judgment in an

ejectment case is already
final, the writ of execution
and a writ of demolition may
already be issued
-supersedeas bond answers
only for back rentals.
A mortgagee does not have
any right to intervene in an
ejectment case involving
only possession, which is
completely foreign to his
claim that the subject
matter of the litigation has
been mortgaged to him to
secure payment of a load.
Action to rescind contracts
in fraud of creditors

Ownership itself; involves

recovery of possession as
an incident or attribute
ownership, or what is
known as jus possidendi
-an action whereby
plaintiff alleges ownership
over a parcel land and
seeks recovery of full
possession.
Plaintiff has been deprived
of the exercise of all rights
included in ownership and
what he seeks to recover
by filing such an action
Jurisdiction depend on the
location of the realty and
its assessed value:
a. Property located in
Metro Manila and
value does not
exceed P50,000=
MTC
b. Exceeds=RTC
c. Outside Metro
Manila=MTC=does
not exceed 20,000
d. Otherwise=RTC
-requisites discussed in Art.
433 &434

Forcible entry v. unlawful detainer

both ownership is not involved but only the right to material possession
(de facto possession)
both are proceedings in personam (binding only on the parties and privies)
-if involve real property , they may also termed actions quasi in rem
a. forcible entry
b. unlawful detainer
(detentacion)
(desahucio)
summary action to
recover material or physical
possession of real property
when the person who
originally held it was
deprived of possession by
force, intimidation, threat,
strategy, or stealth (FISTS)

-action may be filed by a

lessor, vendor, vendee, or
other person against whom
the possession of any land
or building is unlawfully
withheld after the
expiration or termination
of the right to hold
possession, by virtue of any
contract, express or
implied.

Time when
possession become
unlawful

Possession by the defendant

is unlawful ab initio

Possession is originally
lawful but becomes illegal
by reason of the
termination of his right of
possession under his
contract with the plaintiff

Action

Plaintiff must allege and

prove that he was in prior
physical possession of the
premises until deprive
Plaintiff has prior possession
and he is deprived by the
defendant through FISTS

Plaintiff need not have

been in prior physical
possession

Complaint

Period to bring the

action

Gen.: counted from the date

of actual entry on the land
Exc.: when entry was made
through stealth (a secret
action), 1 year period is
counted from the time the
plaintiff learned it.

The defendant unlawfully

withholds possession of
the property after the
expiration under any
contract, implied or
express, prior physical
possession is not required
1 year prescriptive period
from the date of the last
demand
-if there is a fixed period
for the termination 1 yr
period begins from the
expiration of the lease
-if the reason of ejectment
is non payment of the rent
/non fulfillment of the

conditions-1 year period

must be counted from the
date of demand to vacate
A lessor, may sue for both
ejectment and rescission
2 kinds of accion publiciana
1.Entry was not obtained thru FISTS

2.where the 1 year period for bringing forcible

entry or unlawful detainer has already expired

-can be brought as soon as the dispossession takes

place, without waiting for the lapse of one year
Process in ordering the delivery of property to him (replevin)
1.Applicant must show his own affidavit or some other person who personally knows of the facts:
a. It must show that the applicant is the owner of the property claimed, particularly describing it, or is
entitled to the possession
b. that the property is wrongfully detained by the adverse party, alleging the cause of detention according to
his best knowledge, information and belief
c. it has not been distrained or taken for a tax assessment or fine pursuant to law or seized placed under
custodial legis or if so seized, that it is exempt from such seizure or custody
d. actual market value of the property
2. must also give a bond, executed to the adverse party in double the value of the property as stated in the
affidavit, for the return of the property to the adverse party if such return be adjudged, and for the payment
to the adverse party of such sum as he may recover from the applicant in the action.
3. The court then orders the sheriff to take such property into his custody. Under the old law, it was the
clerk of court who made the order
4. If the property or any part be concealed in a building or enclosure, and not delivered upon demand, the
sheriff must cause the building or enclosure to be broken open. He then takes the property.
Process a defendant in replevin wishes to restore the property taken by the sheriff (should within 5
days)
1. post a counterbond in double the value of said property
2. serve plaintiff a copy-both requirements as well as compliance therewith within 5 day period
mentioned, being mandatory
Remedy of a stranger to the action for replevin: 3rd party claim under Sec. 7 Rule 60 of the Rules of
CourtRemedy of intervention: prior determination of whether one is a proper party defendant or a
stranger to the action is necessary.
Other remedy
Writ of injunction
-may be availed of in the original case, of forcible
entry and during the appeal, in the case of
unlawful detainer

Writ of possession
-used in connection with the Land Registration Law
is an order directing the sheriff to place a
successful registrant under the Torrent system in
possession of the property covered by a decree of
the Court.

-may be issued only against the person defeated in

the registration case and against anyone
unlawfully and adversely occupying the land or any
portion thereof, during the proceedings, up to the
issuance of the final decree.
The issuance of the decree of registration in part
of the registration proceedings
Writ of demolition is merely a complement of writ
of possession
Neve prescribes----summary in nature:cannot be
considered a judgment on the merits which is
defined as one rendered after a determination of
which party is right, as distinguished from a
judgement rendered upon some preliminary or
formal technical point.
428rights of an owner under the civil coderight to enjoy, to dispose, to recover or vindicateright
to enjoy (right to possess, to use, to the fruits)right to dispose (right to consume or destroy or abuse,
to encumber or alienate)
RIGHT OF OWNERSHIP NOT ABSOLUTE based on:
A. Welfare of the people is the supreme law of the land
B. Use your property so as not impair the rights of ohers
-the owner of the thing cannot make use thereof in such a manner as to injure the rights of a
third person (431) sic utere tuo ut alienum non laedas
Limitations on Ownership
1.Given by the State
a. Police power
-right of the state to regulate
and restrict personal and
property rights for the
common welfare.
-property may be interfered
with, even destroyed, if the
welfare of the community so
demands it
-salus populi est suprema lex
-interest of the public in
general, as distinguished from
a particular class
-reasonably necessary for the
accomplishment of the
purpose, and not unduly
oppressive upon individuals
-no financial compensation in
police power (unlike eminent
domain)what he gets in
return are the benefits arising
from a healthy economic

b. Power of taxation

1.1 by the Law

2.By the owner or grantee

himself

3.By the grantor

c. Power of eminent domain

-legal easement of waters
-legal easement of right of
way
-when the owner leases his
property to another, said
owner in the meantime
cannot physically occupy the
premises
-when the owner pledges his
personal property, he has in
the meantime to surrender
his possession
-donor may prohibit the
donees from partitioning the
property for a period not
exceeding 20 years

standar of societydamage
without injurydamnum
absque injuria
-vested in Congress of the
Philippines but its exercise
may be delegated to municipal
corporations (gen. welfare
clause), sometimes to the
Pres. During emergency period
-power to raise income or
revenue to defray/cover
necessary governmental
expenses for a public purpose
-the strongest power, it
involves power to destroy
(Chief Justice John Marshall)
Congress has the exclusive
power although it may be
delegated to mun.
corporations.