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Ownership
Ownership - independent right of a person to have exclusive enjoyment to a thing or right (Article 427)
Bundle of Rights: (Article 428)
1. Jus utendi - right to use
2. Jus abutendi - right to abuse
3. Jus disponendi - right to dispose
4. Jus fruendi - right to the fruits
5. Jus accessionis - right to the accessories
In good faith
In bad faith
And worker is in
good faith
And worker is in
bad faith
Quieting of title - removal of a cloud on title (disturbance/doubt); involves real property (Article 476)
There is a cloud on title because of a/an:
1. Proceeding;
which is
APPARENTLY VALID
2. Record;
but is IN FACT
3. Instrument;
INVALID and MAY
4. Claim; or
BE PREJUDICIAL to
said title
5. Encumbrance
Action to quiet title:
1. Does not prescribe (if plaintiff is IN POSSESSION of the property)
2. Prescribes in 10 years (if plaintiff is NOT IN POSSESSION of the property)
To file an action, plaintiff must present: (Article 477)
1. Legal title; or
2. Equitable title
Co-ownership
Co-ownership - ownership of an undivided thing or right between two or more persons (Article 484)
Co-ownership arises:
1. By law
2. By contract
3. By chance
4. By occupation or occupancy
5. By succession or will
A co-owner CANNOT sell his share of a co-owned property, UNLESS:
1. There was CONSENT from the co-owners; or
2. The property is ALREADY DIVIDED.
Co-owner can exercise his right of ownership over the property, provided he: (Article 486)
1. Does NOT cause injury against co-owners interest
2. Does NOT prevent co-owners to use the property
Possession
Possession - holding of a thing or enjoyment of a right (Article 523)
Classifications:
1. In ones own name or anothers (Article 524)
2. In the concept of owner or concept of holder (Article 525)
3. In good faith (non-awareness of a flaw which invalidates his title) or bad faith (Article 526)
How is possession acquired? (Article 531)
1. By material occupation/exercise of a right
2. By subjection to our will
3. By proper acts and legal formalities
In cases of conflict, who possesses the thing? (Article 538)
1. The PRESENT possessor
2. If both are present, the one LONGER in possession
3. If both began to possess at the same time, the one who has a title
4. If both have a title, the Court will determine
Article 559: One who has lost any movable or has been unlawfully deprived thereof may recover it from the
person in possession of the same.
Article 1505: Owner cannot claim a stolen movable from a person who has acquired the same at public sale,
or at a merchants store, fair, or market.
Usufruct
Usufruct - gives a right to enjoy anothers property while preserving the form and substance of the property (Article
562)
Right to usufruct includes the right to use and right to fruits.
The usufructuary (one who has the right to usufruct) is NOT ALLOWED to convert the thing in usufruct.
Article 572: Contracts entered into during the usufruct period will end as the period of usufruct ends.
Abnormal usufruct - usufruct on an object that deteriorates because of normal use (Article 573)
An owner cannot be the usufructuary of his own property.
Usufruct is temporary, transmissible, and deals with either real or personal property.
Article 581: Owner cannot alter his property while it is under a contract of usufruct.
What are the obligations of the usufructuary? (Article 583)
1. Before the usufruct?
a. To make an inventory
b. To give security
Caucion juratoria - promise under oath at Court in lieu for a security to take care of the property (Article
587)
These may not be necessary depending upon the naked owner.
2. During the usufruct? To preserve the form and substance of the property
Who is liable for: (Articles 592-593)
1. Ordinary repairs (wear and tear due to the natural use of the thing)? Usufructuary
2. Extraordinary repairs? Owner
When can the usufructuary make extraordinary repairs? (Article 594)
1. If usufructuary has notified owner of the need to repair;
2. Repair must be urgent;
3. Owner failed to make repairs; AND
4. Repair is needed for preservation
How is usufruct extinguished? (Article 603)
1. Death of usufructuary
If the owner dies, heirs of the owner become the owners.
2. Expiration of the period
3. Merger of usufruct and ownership
4. Renunciation of the usufructuary
5. Total loss of the thing
6. Termination of the right of the person constituting the usufruct
7. Prescription
Article 607: If there is usufruct on land where a building is constructed, and the latter is destroyed, the
USUFRUCTUARY prevails for the use of the land.
If there is usufruct on only the building, and it is also destroyed, the OWNER prevails for the use of the land.
Acquired by donation
Nuisance
Nuisance - anything which hinders enjoyment of property (Article 694)
Kinds of Nuisances: (old classification)
1. Per se - always a nuisance
2. Per accidens - nuisance because of the location
Kinds of Nuisances: (Article 695)
1. Public - affects a community
2. Private - any nuisance which is not public
Attractive nuisance - dangerous instrumentality likely to attract children at play
Article 698: Lapse of time cannot legalize any nuisance.
Remedies against a Public Nuisance: (Article 699)
1. Criminal case
2. Civil case
3. Abatement without judicial proceedings
Article 700: The district health officer shall make sure that one or all of the remedies against a public nuisance
are availed of.
Acquisition of Ownership
Modes of Acquiring Ownership: (Article 712)
1. Original modes (owner is the first owner)
a. Occupation (Article 713)
Property to be acquired by occupation must be res nullius/res derelicta.
Article 716: Domesticated animals may be claimed within 20 DAYS from their occupation.
Article 719: Lost movable (not treasure) shall be delivered to the owner. If unknown, finder shall
deposit it with the mayor to be publicly announced within 2 weeks (8 days if movable cannot be
kept without deterioration.)
If after 6 months, the owner still has not appeared, thing is awarded to the finder.
If owner appears in time, he shall pay the finder one-tenth of the lost movables value.
b. Intellectual creation (Article 721)
2. Derivative modes (somebody else was the owner before)
a. Succession
b. Donation
c. Prescription
(1) Acquisitive - acquisition of a property/right by the lapse of a period
(2) Extinctive - loss of property/right by the lapse of a period
d. Law
e. Tradition (delivery)
(1) Actual (physical delivery)
(2) Constructive
Donation
Donation - gratuitous disposition of a thing/right (Article 725)
Donation is a form of a contract.
Requisites of a Contract:
1. Consent
2. Object
3. Cause/consideration
Kinds of Contracts:
1. Consensual - requires consent for validity
2. Formal - requires the right form for validity
3. Real - involves real property
Article 726: Services which do not constitute demandable debts can serve as the cause/consideration of a
contract of donation.
Kinds of Donations:
1. Simple - liberality as cause/consideration
2.
3.
4.
Prescription
Laches - negligence to perform a right within a reasonable time
There is NO prescription between: (Article 1109)
1. Husband and wife
2. Parents and children
3. Guardian and ward
Interruption - stops the course of the prescription period and all its acquired rights/benefits
Kinds of Interruption:
1. Natural
2. Civil
How to Interrupt Extinctive Prescription:
1. Filing of case
2. Written extra-judicial demand
3. Written acknowledgment
Source: Paras, E. L. (2008). Civil Code of the Philippines annotated (16th ed.). Manila, Philippines: Rex Book Store.