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CLASSIFICATION OF PROPERTY
BOOK II: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
TITLE I CLASSIFICATION OF PROPERTY Mobility & Non- Movable/Personal Property Car
PRELIMINARY PROVISIONS Mobility
Immovable or Real Property Land
Property
Civil Code: An object is that which is, or may be, appropriated Ownership Public dominion/ownership Rivers
Subject in Law: branch of civil law w/c classifies & defines the different
kinds of appropriable objects, provides for their acquisition and loss, and in Private dominion/ownership Fountain pen
general, treats of the nature & consequences of real rights
Alienability W/in the commerce of man May be the objects of contracts
Thing vs. Property or judicial transaction
thing is synonymous w/ the word property
Technically thing is broader in scope for it includes both appropriable & Outside the commerce of man Prohibited drugs
non-appropriable objects
Property involves not only material objects but also intangible things Existence Present property Res existents
(e.g. rights and credits)
Future property Res futurae

Materiality or Objects w/c can be seen or

Immateriality touched, like the paper on w/c
Tangible/corporeal is printed a P1000 Bangko
Sentral Note

Rights or credits, like the credit

Intangible/incorporeal represented by a P1000
Bangko Sentral Note

Dependence or Principal
Independence
Accessory

Capability or Capable of substitution by

Substitution Fungible other things of the same
quantity and quality

Incapabl e of substi tuti on,

Non-Fungible hence, the identical thing must
be given or returned

Nature or Generic Referring to a group or class

Definiteness
Specific Referring to a single, unique
object

Whether in the In custodia legis in the When it has been seized by an

Custody of the custody of the court officer under a writ of
Court or Free attachment or writ of execution

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free property not in custodia legis Note: a mere reclassification of agricultural land doesnt automatically allow a
landowner to change its use he has to undergo the process of conversion before he
is permitted to use the agricultural land for other purposes

CLASSIFICATION OF THINGS The Human Body

neither real nor personal property, whether dead or alive
Res Nullius Belonging They have not yet been appropriated it is not even property at all, in that it generally cannot be appropriated
to They have been abandoned by the owner w/ the while a human being is alive, he cannot be the object of a contract for he is
no one intention of no longer owning them outside the commerce of man
e.g. fish still swimming in the sea, wild animals, wild he may donate part of his blood, may even sell part of his hair, but he
birds, pebbles lying on the seashore cannot sell his body
Res Belonging their use and enjoyment are given to all of mankind
Organic Donation Act: An Act Authorizing the Legacy or Donation of All or Part of a
Communes to e.g. the air we breathe, the wind, sunlight, and
Human Body After Death for Specified Purposes
everyone starlight

Res Belonging objects, tangible or intangible, w/c are owned Who May Execute a Legacy
Alicujus to privately, either in a collective or individual capacity o At least 18 years old
someone e.g. your book, your shares of stock, your parcel of o Of sound mind
land
Who may Execute a Donation
o Spouse
o Son/daughter of legal age
Characteristics of Property o Either parent
utility for the satisfaction of moral or economic wants o Brother/sister of legal age
susceptibility of appropriation o Guardian over the person of the decedent at the time of his death
individuality or substantivity it can exist by itself, and not merely as a Manner of Executing a Legacy
part of a whole o May be made by a will becomes effective upon a testators death
w/o waiting for probate of the will
Importance of the Classification of Property into Immovables & Movables o The legacy may be made to a specified legatee
different provisions of the law govern the acquisition, possession, loss & o The testator may designate in his will the surgeon/physical who will
registration of immovables & movables carry out the appropriate procedures
The legacy is binding upon the testators:
Incompleteness of the Classification o Executor
there should be a 3rd kind the mixed or the semi-immovable o Administrator
o refers to movable properties w/c under certain conditions, may be o Heirs
considered immovable by virtue of their being attached to an o Assigns
immovable for certain specified purposes o Successors-in-interest
o All members of the family
Jurisprudence on the Classification
under certain conditions, parties to a contract may, by agreement, treat as International Sharing of Human Organs or Tissues
personal property that w/c by nature would be real property Shall be made only through exchange programs duly approved by the Dept.
o based on the principle of estoppel of Health
Organ bank storage facility: a facility licensed, accredited, or approved
under the law for storage of human bodies or parts thereof
Reclassification Conversion
Sec. of Health: shall endeavor to persuade all health professionals,
The act of specifying how agricultural lands The act of changing the current use of government & private, to make an appeal for human organ donation
shall be utilized for non-agricultural uses a piece of agricultural land into some
(e.g. residential, industrial, or commercial) other use as approved by DAR Interests: Broader and more comprehensive than the word title
Estate: totality of interest w/c a person has from absolute ownership down to naked
possession

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Interest in land: the legal concern of a person in the thing/property, or in the right to
Registrar of Property
some of the benefits or uses from w/c the property is inseparable when parties present to the registrar of property a document of chattel
mortgage the registrar must record it as such even if in his opinion, the object of
the contract is real property
CHAPTER 1: IMMOVABLE PROPERTY his duties in respect to the registration of chattel mortgages are purely
ministerial in character, as long as the proper fee has been paid
Academic Classification of Real Properties

By nature e.g. Trees, plants Paragraph 2: Trees, plants, and growing fruits, while they are attached to the land
or form an integral part of an immovable
By incorporation e.g. A building
Immovable Movable
By destination or e.g. Machinery placed by the owner of a tenement on it
purpose for direct use in an industry to be carried on therein - trees & plants (spontaneous - the moment trees are detached or
products of the soil/planted thru labor) uprooted from the land (exception:
By analogy e.g. The right of usufruct, or a contract for public works, - trees blown by a typhoon still remain uprooted timber, if the land is timber land)
or easements and servitudes, or sugar quotas part of the land upon w/c they rest - a sale of growing crops, because when
- growing crops whether on ones land they are sold, it is understood that they
or on anothers, as long as they are still are to be gathered
Immovable Property: That w/c is firmly fixed, settled, or fastened
attached to the land - once the growing crops have been
while in general, immovable property is that w/c is fixed in a definite place,
- growing crops: standing crops, severed, even if left still scattered or lying
still there are many exceptions to this general criterion
ungathered fruits, growing fruits about the land

Paragraph 1: Land, buildings, roads and constructions of all kinds adhered to the
soil Paragraph 3: Everything attached to an immovable in a fixed manner, in such a
way that it cannot be separated therefrom without breaking the material or
Immovable Movable deterioration of the object

- Land: best example of immovable
property; its immovable by its very nature
(even if land is rented)
- buildings: more of less of a permanent
structure, substantially adhering to the
land, & not mere superimpositions on the
land, & provided there is the intent of
permanent annexation
- the law doesnt distinguish as to who
built or owns the building
- the building is by itself an immovable
property
- GR: mortgage on a building is a real
estate mortgage, & not a chattel mortgage
- the nature of the building as real
property does not depend on the way the
parties deal w/ it
- a building would still be considered
immovable property even if dealt w/
separately & apart from the land
- a shovelful of land, since this is no
longer adhered to the soil
- a dismantled house and/or materials
of such house
- Conditions for a house to be the
subject of a chattel mortgage:
a. the parties to the contract so agree
b. no innocent 3 rd party will be
prejudiced
- one who has so agreed is estopped
from denying the existence of the
chattel mortgage
- insofar as execution proceedings are
considered, the house would be
considered real property
- it reveals the intention to attach them permanently to the tenements
Note: for the incorporated thing to be considered real property, the injury or
breakage or deterioration in case of separation, must be substantial
Paragraph 3 Paragraph 4
Cannot be separated from immovable w/ Can be separated from immovable w/o
o breaking or deterioration breaking or deterioration
Need not be placed by the owner Must be placed by the owner, or by his
agent, express or implied
Real property by incorporation Real property by incorporation and
destination
Paragraph 4: Statues, reliefs, paintings or other objects for use or ornamentation,
placed in buildings or on lands by the owner of the immovable in such a manner that
Immovable Movable

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- a fixed statute in the garden of a house
- a permanent painting on a ceiling
- a picture embedded in the concrete
walls of a house
- a rug or carpet fastened to the floor
- a PC or a picture hanging on a the wall Movable: fertilizers still in the barn
- lack of intent to attach permanently - fertilizers on the ground by wrapped inside some newspapers or any other covering
Paragraph 8: Mines, quarries, and slag dumps, while the matter thereof forms part
of the bed, and waters either running or stagnant

Paragraph 5: Machinery, receptacles, instruments or implements intended by the Immovable Movable

owner of the tenement for an industry or works which may be carried on in a building
or on a piece of land, and which tend directly to meet the needs of the said industry - mines, including minerals still attached - when the minerals have been extracted
or works thereto - water itself
- waters still attached to or running thru
Immovable Movable soil or the ground
- canals, rivers, lakes, & part of the sea
Essential Requisites: - if the machine is still in the building, but - slag dumps: the dirt & soil taken from
1. the placing must be made by the is no longer used in the industry a mine & piled upon the surface of the
owner of the tenement, or duly conducted therein ground. Inside the dump can be found
authorized legal representative - machinery placed on property by a the minerals
2. the industry/works must be carried on tenant (exception: when the tenant
in the building or on the land promises to leave the machinery n the
3. the machines must tend to directly tenement at the end of the lease, or Paragraph 9: Docks and structures which, though floating, are intended by their
meet the needs of said industry or works when he acted only as an agent of the nature and object to remain at a fixed place on a river, lake, or coast
4. The machines must be essential & owner
principal elements in the industry, & not - sawmill machineries & equipment Immovable Movable
merely incidental installed in a sawmill for use in the
- if the machine is in the building, and it sawing of logs - A floating house tied to a shore or - if the floating house makes it a point to
is still needed for the industry, but - steel towers or poles of the MERALCO bank post & used as a residence journey from place to place, it assumes
separated from the tenement - vessels: they partake to a certain the category of a vessel
temporarily, it continues to be real extent of the nature & conditions of real - vessels: should be registered in the
property by incorporation property because of their value & record of the Collector of Customs at the
importance in the world of commerce Port of Entry
- car: a chattel mortgage on a car in
Paragraph 6: Animal houses, pigeon-houses, beehives, fish ponds or breeding order to affect 3rd persons should not
places of similar nature, in case their owner has placed them or preserves them with only be registered in the Chattel
the intention to have them permanently attached to the land, and forming a Mortgage Registry but also in the Motor
permanent part of it; the animals in these places are included Vehicles Office

Immovable
- houses: constructions of all kinds
adhered to the soil
- animals that are temporarily outside,
as long as the intent to return is
present
Movable
Paragraph 10: Contracts for public works, and servitudes and other real rights over
- when the animals inside the permanent immovable property
animal houses are alienated onerously or
gratuitously, unless the building or the Immovable Movable
tenement is itself also alienated
- a temporary bird cage easily removable,
or w/c may be carried from place to place

Paragraph 7: Fertilizer actually used on a piece of land

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- real property by analogy, inasmuch as,
although they are not material, they
partake of the essential characteristics of
immovable property
- the right to the contract
- real mortgage
- antichresis
- possessory retention
- usufruct
- leases of real property
- sugar quotas: improvements
attached, though not physically, to the
land
Incorporeal Immovables
- the piece of paper on w/c the contract intellectual properties a patent, copyright, the right to invention
for public works has been written
- usufruct of personal property
Personal Effects
- lease of personal property include such tangible property as applied to a person & cannot include
automobiles, although they indeed are personal property
are personal property
not all personal property are personal effects
Art. 417: Other Kinds of Personal Property
Par. 1: Obligations and - although the law uses the term obligations, the
actions which have for their same really refers to rights or credits
object movables or - promissory notes
demandable sums - the right to collect the promissory note

CHAPTER 2: MOVABLE PROPERTY
Article 416: Personal Property
Par. 1: Those movables susceptible of
appropriation which are not included
in the preceding article
Par. 2: Real property which by any
special provision of law is considered
as personal property
Par. 3: Forces of nature which are
brought under control by science
Par. 4: In general, all things which
can be transported from place to place
without impairment of the real
property to which they are fixed
e.g. a fountain pen, a piano, animals
e.g. growing crops for the purposes of the
Chattel Mortgage Law; machinery placed on
a tenement by a tenant who didnt act as
the agent of the tenement owner
e.g. electricity, gas, light, nitrogen
e.g. machinery not attached to land nor
needed for the carrying on of an industry
conducted therein; portable radio, a laptop,
a diploma hanging on a wall
Par. 2: of stock of - stock should be understood not in its technical
agricultural, commercial and sense of being categorized under securities, but in its
industrial entities, although generic meaning of participation
they may have real estate - all shares in all juridical persons should be
considered personal property
- the property right of shares of stock can only be
exercised/enforced where the corporation is
organized and has its place of business
Money
Merchandise: commodity subject to forfeiture, pursuant to Central Bank
Circular 37
When Money is Not Merchandise: when it is in domestic circulation,
money is legal tender
When Money is Merchandise: when it is attempted to be exported/
smuggled, it is deemed to be taken out of domestic circulation
w/n money is legal tender, w/n it is merchandise, it is still PERSONAL
property
Art. 418 Classification of Movable Property

According to Consumable this cannot be used accdg. to its nature w/o

3 TESTS to Determine whether Property is Movable or Immovable their Nature its being consumed
1. Test by Description: if the property is capable of being carried from place to place
2. Test by Description: if such change in location can be made w/o injuring the real Non-Consumable any other kind of movable property
property to w/c it may in the meantime be attached
3. Test by Exclusion: if the object is not 1 of those enumerated or included in Art. 415 According to the Fungible those replaceable by an equal quality and
Intention of quantity, either by the nature of things, or by common
Sugar Cane the Parties agreement
must be regarded as PERSONAL property for the purposes of the Chattel
Mortgage Law, & also for the purposes of attachment Non-Fungible irreplaceable, because the identical objects
the right to the growing of crops mobilizes (makes personal) the crops by must be returned
ANTICIPATION

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o lands reclaimed from the sea by the Government

Note: the Civil Code in many instances, uses the words consumable and
o Manila Bay/coastal area (belongs to the state & used as a
fungible interchangeably
waterway)
o private lands w/c have been invaded by the waters/waves of the
CHAPTER 3: PROPERTY IN RELATION TO THE PERSON TO WHOM IT BELONGS sea & converted into portions of the shore/beach
o streets, even when planted by persons w/ coconut

Property Classified According to Ownership Creek: an arm extending from a river and participating in the ebb and flow of the sea
Shore: that space alternately covered and uncovered by the movement of the tide
PRIVATE Capacity Torrent: the amount of water w/c in case of heavy rain gathers in deep places or
(propriedad privado) canals where it is supposed to flow afterwards
Reclaimed Lands: the result of intervention of man
PUBLIC Capacity For Public Use: May be e.g. roads, canals
(dominio publico) used by ANYBODY
Public Lands: the national domain under the Legislative Power of Congress as has not
- ownership by the
been subjected to private right or devoted to public use
State in that the For Public Service: may be e.g. national govt buildings,
State has control & used only by duly army rifles, army vessels
Classification of Public Lands
administration authorized persons
mining property for the development of national wealth
- ownership by the
For the Development of e.g. natural resources
forest - property for the development of national wealth
public in general
National Welfare
agricultural

Disposition of Public Lands

Characteristics of Properties of Public Domain lodged exclusively in the Director of lands
they can be used by everybody subject to the control of the Secretary of Agriculture
theyre outside the commerce of man, & cannot be leased, donated, sold, the President has the power to reserve alienable public lands for a specific
or be the object of any contract public purpose or service, and to release those reserved
o except insofar as they may be the object of repairs/improvements
and other incidental things of similar character
they cannot be acquired by prescription, no matter how long the Government Lands Public Lands
possession of the properties has been
broader in scope merely a part of
they cannot be registered under the Land Titles Registration Law & be
includes lands devoted to public use or public service government lands
the subject of a Torrens Title
includes public lands before & after they are made
o if erroneously included in a Torrens Title, the land involved remains
available for private appropriation
property of public domain
includes patrimonial lands
they, as well as their usufruct, cannot be levied upon by execution, nor can
they be attached
they may be either real or person property, for it will be noted that the law Roman Catholic Church
makes no distinction owner of Roman Catholic churches constructed after the Spanish occupation
churches built during Spanish regime are outside the commerce of man
For Public Use because they were sacred didnt belong to anyone at all
roads, canals, rivers, torrents, ports, bridges constructed by the State
banks, shores, roadsteads Patrimonial Property: The property owned by the State w/c is not devoted to public
others of similar character use, public service, or the development of national wealth (wealth owned in private
o public streams capacity)
o natural beds of rivers
o river channels Conversion of Property of Public Domain to Patrimonial Property
o waters of rivers Only the executive and possible the legislative departments have the
o creeks authority and power to make the declaration that any land so gained by the
o lands thrown up by the sea & formed by accretion upon the shore sea is not necessary for any of the following:
by the action of the water, together w/ the adjacent shore o For purposes of public utility

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o establishment of special industries other things w/c dont have as their principal object the furnishing or
o Coast Guard services ornamenting of a building
Exception:
o From the context of the law the contrary clearly appears
Properties of Political Subdivisions
o From the individual declaration, the contrary clearly appears
Property for PUBLIC USE PATRIMONIAL property
TITLE II OWNERSHIP
Cannot be alienated May be alienated CHAPTER 1: OWNERSHIP IN GENERAL

May not be acquired by prescription May be acquired by others thru prescription Art. 427. Ownership may be exercised over things or rights.
Provincial roads Friar lands
City streets San Lazaro Estate Ownership: Independent & general right of a person to control a thing particularly in
Municipal streets Properties obtained by the Government in his possession, enjoyment, disposition, & recovery, subject to no restrictions except
Squares escheat proceedings those imposed by the state/private persons, w/o prejudice to the provisions of law
Fountains Those inherited by or donated to the
Public waters Government KINDS OF OWNERSHIP
Promenades Rents of buildings owned by the
Public words & public services paid government Full Ownership All rights of an owner
for by the political subdivision Municipal-owned waterworks system (but
serves only those who pay charges) Naked Ownership The right to the use and the fruits has been denied

Sole Ownership Ownership is vested only in 1 person

Classification of Properties of Provinces/Cities/Municipalities
Co-Ownership Ownership is vested in 2 or more persons
Acquired by their own funds, in their Held by the political subdivision in trust for - unity of the property, and plurality of the subjects
private/corporate capacity the state for the benefit of the inhabitants - each co-owner is the owner of the whole & at the same
time, the owner of an undivided aliquot part thereof
The political subdivision has Subject to the control & supervision of the
ownership & control state FULL OWNERSHIP = usufruct + naked ownership
USUFRUCT = full ownership naked ownership
NAKED OWNERSHIP = full ownership - usufruct
National Government of the Phil. Government of the Phil
Art. 428. The owner has the right to enjoy and dispose of a thing, without other
More restrictive Broader in scope
limitations than those established by law. The owner has also a right of action against
Does not include local governments or Includes local governments and other the holder and possessor of the thing in order to recover it.
other governmental entities governmental entities
RIGHTS OF AN OWNER UNDER ROMAN LAW
Refers only to the Central Govt
Jus Possidendi - The right to hold a thing or enjoy a right
Private Properties other than Patrimonial (Right to Posses) - the thing/right is subject to the control of my will
Individually rights to private property
Collectively ownership by private individuals as co-owners (e.g.
corporations, partnerships, foundations, other juridical persons)

Muebles/Furniture do NOT include:

money, credits, commercial securities, stocks, bonds, jewelry, scientific/
artistic collections, books, medals, arms, clothing, horses or carriages
their accessories, grains, liquids and merchandise

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- includes the right to exclude anyone from the enjoyment Recovery of REAL Property Forcible Entry
Jus Utendi and disposal thereof Unlawful Detainer
(Right to Use) - the owner/possessor may use force as may be Accion Publiciana
reasonable necessary to repel/prevent an actual/ Accion Reivindicatorio
threatened unlawful physical invasion/usurpation of the
property
Application for Replevin
- the owner of a thing cannot make use thereof as to injure
1) Applicant for replevin must show by his own affidavit or that of some other person
the rights of a 3rd person
who personally knows of the facts:
- the right to 3 kinds of fruits: natural, industrial, & civil - the applicant is the owner of the property claimed, or is entitled to the possession
Jus Fruendi - only owners, & not mortgagees, can claim damages for - property must be particularly described
(Right to the Fruits) injury to the fruits of a piece of land & for injury caused by - the property is wrongfully detained by the adverse party
the deprivation of possession - he must allege the cause of detention according to his best knowledge, info & belief
- actual market value of the property
Jus Abutendi - Also the right to transform/abuse - it has not been distrained or taken for a tax assessment or fine pursuant to law or
(Right to Consume) seized under a writ of execution or preliminary attachment or placed under custodia
legis or if so seized, that it is exempt from such seizure or custody
Jus Disponendi - includes the right to donate, to sell, to pledge or 2) applicant must also give a bond, executed to the adverse party in double the value
(Right to Dispose) mortgage of the property, for the return of the property to the adverse party if such return
thereof be adjudged, & for the payment to the adverse party of such sum as he may
Jus Vindicandi - the owner has a right of action against the holder and recover from the applicant in the action
(Right to Recover) possessor of the thing in order to recover it 3) the court then orders the sheriff to take such property into his custody
- every possessor has right to be respected in his
possession, and should he be disturbed therein he shall be When Replevin Will not Lie:
restored to possession by means established by law property was taken for a tax assessment or fine pursuant to law
- transmissible to the heirs/assignees property was seized under a writ of execution
property was seized under a preliminary attachment
property was placed under custodia legis
RIGHTS OF AN OWNER UNDER THE CIVIL CODE
Restoration of Property taken by Writ of Replevin (5-day period)
Right to Possess Defendant must post a counterbond in double the value of said property
Right to ENJOY Defendant serve plaintiff w/ a copy thereof
Right to Use
Writ of Replevin
Right to the Fruits may be served anywhere in the Philippines
Cannot be directed against the lawful owner
Right to DISPOSE Right to Consume/Destroy/Abuse Property seized will not to be delivered immediately to the plaintiff

Right to Encumber/Alienate Move in the premises

The parties are obliged to inform the Court of developments pertinent to the
Right to RECOVER/VINDICATE case w/c may be of help to the Court in its immediate disposition

ACTIONS TO RECOVER

Recovery of PERSONAL Property Replevin

FORCIBLE ENTRY UNLAWFUL DETAINER ACCION PUBLICIANA ACCION REIVINDICATORIA

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A summary action to recover material or
physical possession of real property
Definition when a person, originally in possession
was deprived thereof by force,
intimidation, strategy, threat or stealth
The action that must be brought when Intended for the recovery of the Action to recover ownership over
possession by a landlord, vendor, vendee or better right to possess real property
other person of any land or building is being
unlawfully withheld after the expiration or
termination of the right to hold possession

GR: 1 year from dispossession
Exception: in case of strategy/stealth,
1 year from time of discovery of
Prescriptive strategy/stealth
Period
GR: 1 year from the time possession
becomes unlawful
1 yr from expiration of lease: if there is a
fixed period for the termination of the lease,
the lease ends automatically w/o need of any
demand
1 yr from date of demand to vacate:
reason for ejectment is non-payment of rent
or non-fulfillment of conditions of the lease
GR: 10 years (otherwise the real
right of possession is lost)
Ordinary Prescription:
(good faith & just title is
required) 10 years
Extraordinary Prescription: 30
years
Based on an Implied Trust:
10 years
Based on Fraud: 4 years from
discovery of the fraud

Issue - Possession de Facto - Possession de Facto - Possession de jure - Ownership

Involved - Material /Physical possession - Material /Physical possession - Better right of possession - (Evidence of title or mode may
- (Ownership is not involved) - (Ownership is not involved) be introduced)

Nature of - summary - summary Proceedings in personam

Proceeding - actions quasi in rem: proceedings in - actions quasi in rem: proceedings in
personam involving real property personam involving real property

- Justice of Peace Courts
- Municipal Courts
Note: if the question of ownership really
Court w/ becomes essential in determining the
Jurisdiction question of possession, the justice of
peace would no longer have jurisdiction
for the issue has changed
- Justice of Peace Courts CFI/RTC CFI/RTC where the real estate is
- Municipal Courts - deprivation of possession has situated
lasted more than 1 year
Note: if the question of ownership really
becomes essential in determining the
question of possession, the justice of peace
would no longer have jurisdiction for the
issue has changed

Note: if demand to vacate is essential but is

not made, the case should be brought before
the RTC & not the justice of peace

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* prior physical possession of plaintiff * prior physical possession of not always Kinds of Accion Publiciana GR: adjudication by the court of
essential essential 1) Entry not obtained through ownership in favor of 1 party
FISTS can be brought as soon as doesnt necessarily include the
* possession unlawful from the start * possession was lawful in the beginning, but the dispossession takes place w/o adjudication of possession over
became unlawful afterwards waiting for the lapse of 1 year the same
Facts to be stated in the complaint: 2) the 1 year period for bringing Exception: when the party
That one in physical possession of a Complaint must show: forcible entry or unlawful detainer defeated has not been able to
land/building has been deprived of said - the withholding of possession, or the has already expired action may s h o w a ny r i g h t t o p o s s e s s
Other Notes possession through another thru: refusal to vacate, is UNLAWFUL be brought after the 1 year period independent of his claim of
- force ownership
- intimidation Demand to vacate:
- threat - must be absolute, not conditional
- stealth - must be stated in the complaint when it
- strategy was made
- that such demand had been served
personally, or by serving written notice, or
by posting such notice

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WRIT OF INJUNCTION
Imposed by the OWNER The owner leases his property to another, said
owner in the meantime cannot physically occupy
GR: A person deprived of his possession of real/personal property is ordinarily not
the premises
allowed to avail himself of the remedy of preliminary preventive or prohibitory
The owner pledges his personal property, he has in
injunction, the reason being that the defendant in actual possession is presumed
the meantime to surrender its possession
disputably to have the better right
Imposed by the GRANTOR The donor may prohibit the donee from partitioning
Exceptions: the property for a period not exceeding 20 years

1) Original case of forcible entry

He may, w/in 10 days from the filing of the complaint, present a motion to Burdens of Ownership
secure from the competent court, in the action for forcible entry, a writ of res perit domino the owner bears the loss of the property owned by him
preliminary injunction to restore him in possession
The court shall decide the motion w/in 30 days Police Power
The right of the State to regulate and restrict personal and real property
2) Appealed case of unlawful detainer rights for the common weal
The period of 10 days shall be counted from the time the appeal is perfected The power to prescribe regulations to promote the health, morals,
education, good order or safety, and the general welfare of the people
3) If an owner, still in possession, desires to prevent repeated or further intrusions into A limitation on the right of ownership in the sense that property may be
his property by a stranger interfered w/, even destroyed, if the welfare of the community so demands
it
4) If a person in possession of the real property in concepto de dueno for over a year Financial compensation is not given to the owner
(possession de jure), is disturbed by acts similar to the previous #
Police Power in Whom Vested
WRIT OF POSSESSION Congress of the Philippines
An order directing the sheriff to place a successful registrant under the Municipal corporations
Torrens system in possession of the property covered by a decree of the President of the Philippines (during periods of emergency)
Court
Cannot be used either against the party in whose favor the land has been Limitations on the Exercise of Police Power
decreed to be registered, or against his representatives or successors-in- The interests of the public in general, as distinguished from a particular
interest class, require such interference
May be issued only against the person defeated in the registration case The means should be reasonable necessary for the accomplishment of the
If a writ of possession implies the delivery of possession of the land to the purpose, and not unduly oppressive upon individuals
successful litigant, a writ of demolition must likewise issue
The right to demand the writ of possession never prescribes Power of Taxation
The issuance of the writ of possession is summary in nature Inherent power of the State to raise income/revenue to defray necessary
governmental expenses for a public purpose
Thru taxation, the cost of governing is apportioned among those who in
LIMITATIONS ON OWNERSHIP some measure are privileged to enjoy benefits & most consequently bear
the welfare of the people is the supreme law of the land the burdens of government
Use your property so as not to impair the rights of others A limitation on the right of ownership
Imposed by the STATE Police power
Who has the Power to Tax
Power of Taxation Congress
Power of Eminent Domain May be delegated to municipal corporations
Imposed by the LAW Legal Easement of Waters
Legal Easement of Right of Way

SIENNA A. FLORES
PROPERTY
 - !12 -

TAXATION EMINENT DOMAIN

Compensation Generally a better government
(w/ consequent protection to
life, liberty and property
Persons Operates on a class, according
Involved to some principle of
apportionment
Nature of the Paid by citizen as his
Duty CONTRIBUTION to a public
burden
Manner of Generally no complaint is filed in
Exercise court. It is the public that, in
general, is required to pay
Financial or monetary
compensation
Operates on an individual
(owner of the property)
Allowed by the citizen, but NOT
as a contribution to a public
burden
A property owner is made a
defendant in the complaint
(expropriation is a forced sale)
Fencing of Land or Tenements
While a person may have the right to fence his estate, still he should not
impair the servitudes or burdens constituted thereon
Art. 431. The owner of a thing cannot make use thereof in such manner as to injure the
rights of a third person.
Note: Nuisances may be abated judicially or extra-judicially, and one responsible for
the existence or continuation of a nuisance can be held liable by those who may suffer
injury thereby
Art. 432. The owner of a thing has no right to prohibit the interference of another with
the same, if the interference is necessary to avert an imminent danger and the
threatened damage, compared to the damage arising to the owner from the
interference, is much greater. The owner may demand from the person benefited
indemnity for the damage to him.

State of necessity
Considered a justifying circumstance
TAXATION POLICE POWER
A person who, in order to avoid an evil/injury, does an act w/c causes
damage to another does not incur criminal liability provided that the
Purpose To raise revenue To promote public welfare by following requisites are present
system of regulation o The evil sought to be avoided actually exists
o The injury feared be greater than that done to avoid it
Compensation Taxpayer is compensated by Citizens compensation is more o There be no other practical and less harmful means of preventing it
obvious and apparent benefits or less intangible, and idealistic
realization that society has in Art. 433. Actual possession under claim of ownership raises disputable presumption of
some way benefited ownership. The true owner must resort to judicial process for the recovery of the
property.
Amount Paid May be small or big (courts Fee paid is just enough to cover
cannot decree the amount paid necessary expenses for Requirements to Raise a DISPUTABLE PRESUMPTION OF OWNERSHIP
as unreasonable regulation or inspection Actual possession
Claim of ownership
Art. 429. The owner or lawful possessor of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For this purpose, he may use such force as Note: this article applies to both immovable and movable property
may be reasonably necessary to repel or prevent an actual or threatened unlawful
physical invasion or usurpation of his property. Art. 434. In an action to recover, the property must be identified, and the plaintiff must
rely on the strength of his title and not on the weakness of the defendant's claim.
Doctrine of Self-Help
The right to counter force w/ force Requisites in an Action to Recover
Self-defense includes not only defense to mans person but also that of his
rights, including the right to property 1) Property must be identified
Boundaries of the land sought must be proved
Art. 430. Every owner may enclose or fence his land or tenements by means of walls, 2) Reliance on title of the plaintiff & not the weakness of defendants title/
ditches, live or dead hedges, or by any other means without detriment to servitudes claim
constituted thereon.

SIENNA A. FLORES
PROPERTY
 - !13 -

If claims of both plaintiff & defendant are weak, judgment must be for the
latter, being in possession, is presumed to be the owner, and cannot be Taking: when the owner is deprived or dispossessed of his property, or there is
obliged to show or prove a better title practical destruction or a material impairment of the value of his property, or when he
Evidence to show ownership: is deprived of the ordinary use thereof
o Torrens certificate
o Titles granted by the Spanish Government Competent Authority
o Long and actual possession o authority as of right the State
o Occupation of a building for a long time w/o paying rentals o authority by virtue of a grant persons/corporations offering public services
therefore
o Testimony of adverse and exclusive possession of ownership Examples of Competent Authority
corroborated by tax declaration of properties, payment of taxes, 1) National Government (thru the President of the Philippines)
and deeds of mortgage 2) City of Manila (thru the Municipal Board w/ the Mayors approval)
3) Provinces (thru the Provincial Board w/ the approval of the Exec. Sec. of the
Art. 435. No person shall be deprived of his property except by competent authority President)
and for public use and always upon payment of just compensation. 4) Municipalities (thru municipal councils w/ the approval of the Exec. Sec. of
the President)
Eminent Domain 5) Public Corporations (thru the Board of Directors, provided there is prior
the right to acquire private property for public use upon payment of just government approval)
compensation 6) The Manila Railroad Co.
A limitation on the right of ownership, & may be exercised even over private
properties of cities and municipalities, and even over lands registered w/ a Due Process thru Proper Expropriation Proceedings
Torrens tile 7) A notice to the owner of the property
8) A full opportunity to present his side on w/n the purpose of the taking is
public; or w/n the government reasonably needs the property
Eminent Domain Expropriation 9) Such other procedural requisites as may be prescribed under the law

refers to the right refers to the procedure through w/c the right is exercised GR: Before there can be expropriation, there must 1st be instituted proceedings in
court. An entity can be held liable for damages for unlawful trespass if the proper
Who Can Exercise Power of Eminent Domain procedure has not 1st been resorted to
National Legislature Exception: This will not apply if the owner of the property is guilty of estoppel (e.g. if
Local governments he allowed the entity to make use of the land, and incur expenses thereon w/o making
Public entities any objection to the unauthorized taking
Public utilities
Expropriation Confiscation
Essential Requisites of Eminent Domain
taking by competent authority requires due process of law does away w/ due process; no compensation is given
observance of due process of law
taking for public use
payment of just compensation Abandonment of Proceedings
When in the course of the expropriation proceedings, it is realized that there
Valid Taking: Elements is no more need for the property, it is permissible to abandon the
The expropriator must enter upon the private property proceedings, but the landowner must be indemnified for all losses or
Entrance must not be for a momentary period; entrance must be prejudice caused him in case the land had been in the meantime possessed
permanent by the plaintiff
The entry must be under warrant or color of legal authority
The property must be devoted to public use Old Concept vs. New Concept of Public Use
The utilization of the property must be in such a way as to oust the owner 1. Old concept: the property must actually be open to use by the general
and deprive him of all beneficial enjoyment of the property public

SIENNA A. FLORES
PROPERTY
 - !14 -

2. New concept: public advantaged or benefit or that it is intended to Factors NOT affecting Just Compensation
contribute to the general welfare and prosperity; all that is needed is 1. Speculative benefits
reasonable necessity, NOT absolute necessity 2. Improvements on expropriated property (must be borne by the
expropriator)
GR: w/n any specific or particular use is a public one is ultimately a judicial question
Exception: If Congress has specifically allowed expropriation of realty for a designated Evidence of Market Value
or specified public purpose, the courts of justice are not allowed to inquire into the The rental value as the basis
necessity of that purpose The assessed value
What a testifying witness would demand for his property under the same
Examples of Public Use conditions
10) Market sites & market stalls Deeds of sales of property in the same community
11) Military and aviation purposes That w/c is declared by Provincial/City Assessor, or that declared by the
12) Roads, streets, public buildings, school-houses, cemeteries, artesian wells taxpayer himself, whichever is lower
13) Land needed by railroad companies for their railroad
If government does not pay: suit may be brought against the Auditor General, if
Just Compensation payment is refused by him
Fair and full equivalent value of the loss sustained
just & complete equivalent of the loss of w/c the owner of the thing Effects of Expropriation on the Ownership of the Property Expropriated
expropriated has to suffer by reason of the expropriation 3. Ownership: transferred only when payment of just compensation w/ proper
Market value PLUS consequential damages interest had been made
Value of the property at the time of the taking a. Whether real or personal, tangible or intangible
payment of the land w/in a reasonable period of time from its taking 4. GR: payment of just compensation must 1st be made before possession or
need not by in money, but must be in some form that embodies certainty of occupation may even be transferred, otherwise the court shall restore the
value & of payment owner in his possession
note: the claim for compensation may prescribe a. Exception: in some emergencies, the government may immediately
get the property, occupy & possess it, and pay for the property
Rules for Computing Just Compensation later, but the govt must reimburse the former owner for the taxes
1. General Rule: taking coincides w/ the filing of the complaint for that the latter may have paid for the real properties
expropriation 5. When the property expropriated is no longer needed for the public use it
a. Basis: the value of the property at the time of the filing of the complaint was originally intended:
b. Same rule if complaint is made prior to the entry a. Grant of full ownership he remains the owner even after the need
2. Exception: entry is made prior to filing of complaint has disappeared
a. Basis: value of the property at the time of the entry or taking (and not b. Grant of conditional ownership that ownership would revert to the
from the filing of the complaint) plus legal interest original owner
b. Such would give undue incremental advantages to the landowner
arising from the use by the govt of the said property Ordinary Expropriation: Taking for public use

Factors Affecting Just Compensation Extraordinary Expropriation

Location 6. Taking for private use
Time of sale 7. Although there is still a connotation of public use: for the benefit of certain
Topographical features of land individuals (Art. 13, Sec.4)
Permanent improvements thereon 8. Agrarian reform program: right of farmers & regular farmworkers, who are
Ready accessibility to the streets and roads in the vicinity landless, to own directly and collectively the lands they till, or in case of
Incidental/Consequential Damages other farmworkers, to receive a just share of the fruits thereof
o Injuries to adjoining portions of the land 9. Purpose: social justice to the end that public welfare will be enhanced
o Demolition/destruction of buildings or houses on the land 10. Lands covered: big landed estates (exception small estates may be
o Depreciation caused to the remaining property expropriated, provided that a serious social problem or conflict exists
therein)

SIENNA A. FLORES
PROPERTY

Exhaustion of Administrative Remedies
11. Applies only to controversies arising out of the disposition of disposable
public lands, and NOT to cases involving land that was originally owned by
private parties and was later acquired by the Government for the purpose of
reselling them to bona fide tenants or occupants
Expropriation will not prosper for the following reasons
12. Ordinary expropriation is not the remedy, for the purpose is not a public one
13. Granting the purpose to be public, still the alleged public purpose of
benefiting some tenants, fades into insignificance in comparison w/ the
preparation of young men & women for the useful citizenship & eventual
govt service
14. Extraordinary expropriation would not prosper because the persons
occupying the site are not bona fide tenants thereof
15. What the law authorized was a purchase, not an expropriation
16. Even granting that the extraordinary expropriation was allowed, the same
would be unconstitutional for the land is small
Sale Expropriation
Voluntary - If an owner is willing to sell his property to the govt, Involuntary
and the price is mutually agreed upon, it is not essential to
institution condemnation proceedings
Power of Eminent Domain Superior to Non-Impairment Clause
17. GR: The existence of a contract between parties cannot prevent
expropriation just because the obligation of contracts would be impaired
18. Exception: when the govt itself is a party to the contract of sale, it cannot
afterwards repudiate the contract it had voluntarily entered into & then
institute expropriation proceedings
Note: Expropriation only lies when it is made necessary by the opposition of the owner
to the sale, or by the lack of any agreement as to the price.
2 Stages in Expropriation Proceedings
1. Determination of legality
a. Authority of the plaintiff to exercise the power of eminent domain
b. Propriety of its exercise in the context of the facts involved in the suit
2. Determination of just compensation
a. Assistance of not more than 3 commissioners
PD 42: removed the discretion of the court in determining the provisional value. What
is to be deposited is an amount equivalent to the assessed value for taxation purposes
Urban Land Reform Zone
SIENNA A. FLORES
PROPERTY
- !15 -
The right of 1st refusal applies only to legitimate tenants who have resided
for 10 years or more on the leased land (doesnt apply to apartment
dwellers)
Art. 436. When any property is condemned or seized by competent authority in the
interest of health, safety or security, the owner thereof shall not be entitled to
compensation, unless he can show that such condemnation or seizure is unjustified.
Seizure as an Exercise of Police Power
Basis: the welfare of the people is the supreme law of the land
Property may be seized/condemned by the government w/o any financial
compensation
Police power can also refer to total destruction, provided that
o Public interest is served
o The means used are not unduly harsh, abusive, or oppressive
Abatement of Nuisances
Public Nuisance: affects a community or a considerable number of persons
Private Nuisance: not public
Nuisance per se: nuisance under all circumstances
Nuisance per accidens: a nuisance only under certain circumstances
Art. 437. The owner of a parcel of land is the owner of its surface and of everything
under it, and he can construct thereon any works or make any plantations and
excavations which he may deem proper, without detriment to servitudes and subject to
special laws and ordinances. He cannot complain of the reasonable requirements of
aerial navigation.
Surface Right of a Land Owner
If a person owns a piece of land, he also owns its surface, up to the
boundaries of the land, w/ the right to make thereon allowable
constructions, plantings, and excavations, subject to
o Servitudes/easements
o Special laws (e.g. Mining Law)
o Ordinances
o Reasonable requirements of aerial navigation
o Principles on human relations
Regalian Doctrine to be Observed
State ownership of mines & natural resources
Mines discovered underneath the land should belong to public domain
inasmuch as they are properties for the development of our national wealth
Reserves to the State all natural wealth that may be found in the bowels of
the earth even if the land where the discovery is made be private
Art. 438. Hidden treasure belongs to the owner of the land, building, or other property
on which it is found.

Nevertheless, when the discovery is made on the property of another, or of the
State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the
finder. If the finder is a trespasser, he shall not be entitled to any share of the treasure.
If the things found be of interest to science of the arts, the State may acquire
them at their just price, which shall be divided in conformity with the rule stated.
Where Hidden Treasure May be Found
Land
Building
Other property
Treasure Found on Ones Property
If one finds a hidden treasure in his house, he alone owns the treasure
Treasure Found on Anothers Property
For the finder to be entitled to , the discovery on anothers property must
be by chance
There must be no purpose or intent to look for treasure
When Finder/Owner is Married
The share belongs to the conjugal partnership
Rights of a Usufructuary over the Hidden Treasure Found on Land He is Using
The usufructuary does NOT get his share
If he found the treasure, he gets half as finder
If another person found it, such person gets half as finder, and the naked
owner gets the other half as owner
Finder is a Paid Laborer of the Landowner
If he discovered the property by chance, he gets half
If he had been employed precisely to look for the treasure, eh will get
nothing insofar as the treasure is concerned; he will only get his wages/
salary
Trespasser
One prohibited to enter, or not to enter, or not given authority to enter
A trespasser who discovers hidden treasure is not entitled to any share of it
If a person lawfully allowed to enter discovers the treasure, but doesnt
reveal the fact of discovery, he does not thereby become a trespasser, in
view of the permission to enter; hence he is entitled to his share
Treasure Hunts: An express search for hidden treasure
Art. 439. By treasure is understood, for legal purposes, any hidden and unknown
deposit of money, jewelry, or other precious objects, the lawful ownership of which
does not appear.
Requisites in the Definition of Hidden Treasure
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PROPERTY
- !16 -
Hidden and unknown deposit
Consists of money, jewelry or other precious objects
Their lawful ownership does not appear
Precious Objects Deliberately Hidden
o If deliberately hidden by the owner, precious objects cannot be considered
hidden treasure even if discovered by anther as long as the true owner can
prove his ownership
o This is not abandoning his property because he intended to return to it
o If the true owner has forgotten where he kept the treasure and has given up
hope of ever recovering it, the object may now be appropriated by another
since it has already become abandoned property
o If the true owner has not yet abandoned the property, the same cannot be
acquired by occupation and cannot properly be considered hidden
treasure
Death of Lawful Owner
1) If the ownership of the treasure is known, but the owner is already dead,
the same will not be considered hidden treasure, and must therefore go to
the owners rightful heirs
2) If the only legal heir left is the state, the treasure will appertain to the
States patrimonial property
CHAPTER 3: RIGHT OF ACCESSION
GENERAL PROVISIONS
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.
Accession: the right of a property owner to everything w/c is:
Accession discreta produced thereby
Accession continua/accession non-interrumpida incorporated or attached
thereto, either naturally or artificially
o Accession natural natural accession
o Accession artifical/industrial artificial accession
Other Definitions of Accession
It is the right of an owner of a thing to the products of the said thing as well
as whatever is inseparably attached thereto as an accessory
That by w/c property is given to a person in addition to what said person
already possesses, said additional property being the result of natural
increase, like land, by deposit of a river, or houses, when built on ones own
land, or the young of animals
 - !17 -

The right w/c ownership of property gives over everything w/c the same accession presupposes a previously existing ownership by the owner over
produces, or w/c is attached or incorporated thereto, naturally or artificially the principal
accession is a right implicitly included in ownership w/o w/c it will have no
basis or existence
it is 1 of the attributes or characteristics w/c will make up the concept of
CLASSIFICATION OF ACCESSION
dominion or ownership
Accession Discreta 1. natural fruits
Reasons behind Accession
(To the Fruits)
to the fruits justice, pure and simple, for one who owns a thing should
2. industrial fruits
justly enjoy its fruits
for attachment or incorporation economic convenience is better attained in
3. civil fruits
a state of single ownership than co-ownership
natural justice demands that the owner of the principal or more important
Accession Industrial
thing should also own the accessory
- building
- planting
Right to Accession Generally Automatic
- sowing it requires not prior act on the part of the owner of the principal
1. w/ reference to
real property Accession Natural
- alluvium SECTION 1. - Right of Accession with Respect to What is Produced by Property
- avulsion
Accession Continua - change of course of rivers Art. 441. To the owner belongs:
(Attachment or - formation of islands (1) The natural fruits;
Incorporation) (2) The industrial fruits;
Adjunction/Conjunction (3) The civil fruits.
- engrafment - inclusion Art. 442. Natural fruits are the spontaneous products of the soil, and the young and
- attachment - soldadura other products of animals.
- weaving - tejido Industrial fruits are those produced by lands of any kind through cultivation or labor.
- painting - pintura Civil fruits are the rents of buildings, the price of leases of lands and other property and
2. w/ reference to - writing - escritura the amount of perpetual or life annuities or other similar income.
personal property
GR: the owner of land owns the fruits
Mixture
Exceptions (when it is not the owner who owns the fruits):
- confusion - liquids
1. possessor in good faith of the land (he owns the fruits already received)
- commixtion - solids
2. usufructuary
Specification 3. lessee gets the fruits of the land (the owner gets the civil fruits in the form f
rentals)
4. in the contract of antichresis, the antichretic creditor gets the fruits,
although said fruits should be applied 1st to the interest, if any is owing and
Modes of Acquiring Ownership then to the principal amount of the loan
1. occupation
2. intellectual creation
1. Spontaneous products of the soil E.g. herbs, common grass
3. law
NATURAL (human labor does not intervene)
4. donation
FRUITS
5. succession 2. the young & other products of E.g. chicks & chicken eggs,
6. tradition, as a consequence of certain contracts animals horse manure, milk, wool
7. prescription

Accession is NOT a mode of acquiring ownership

SIENNA A. FLORES
PROPERTY
 - !18 -

Those products by land of any kind e.g., Lanzones, palay & corn,
Characteristic of Expenses Referred to in Art. 433
INDUSTRIAL through cultivation or labor zacate, all kinds of cultivated They must have been used for production, gathering or preservation, not for
FRUITS vegetable
the improvement of the property
Rent of buildings A dividend, whether in the
They must have been necessary, and not luxurious or excessive.
price of leases (rentals) of lands form of cash or stock, is
They must be commensurate w/ those ordinarily necessitated by the
and other property income or fruits, because it is product
the amount of perpetual or life so declared out of the profits Art. 444. Only such as are manifest or born are considered as natural or industrial
CIVIL annuities or other similar of a corporation & not out of fruits.
FRUITS income (but not a bonus the capital With respect to animals, it is sufficient that they are in the womb of the
granted as a reward or as mother, although unborn.
compensation to a person who
mortgaged & thus risks his land
Annual Crops Perennial Crops
to secure anothers
indebtedness) Deemed manifest/existing the moment Deemed to exist only when they
their seedlings appear from the ground actually appear on the trees.
Note: Cultivated trees in themselves are not fruits in the juridical sense for they are although the rains havent yet actually
really immovables as long as they are still attached to the land, w/c may themselves appeared
produce fruits. However, we may consider the said trees as fruits when they are
expressly cultivated or exploited to carry on an industry. e.g. cereals/grains/rice/corn/sugar e.g. oranges/apples/mangoes/coconuts

Offspring of Animals when the Male & Female Belong to 2 Different Owners
the owner of the female was considered also the owner of the young, unless Civil Fruits Natural & Industrial Fruits
there is a contrary custom or speculation
the calf, as well as its mother, belongs to the owner of the latter, by right of Accrue daily and therefore considered in the While still growing, they are real
accretion category of personal property property
Rationale:
Can be pro-rated Ordinarily cannot be pro-rated
o Oftentimes, it is not known who the male is
o During the pregnancy of the female, its owner its greatly burdened
by the consequential expenses and virtual uselessness of the Animals
animal, and it is only fair that when the young is born, the owner 1. The young of animals are already considered existing even if still in the
should gain or at least recover his loss maternal womb
2. But doubt may arise whether they are already in the womb or not
3. Manresa: they should be considered existing only at the commencement of
Art. 443. He who receives the fruits has Art. 449. He who builds, plants, or sows
the maximum ordinary period of gestation
the obligation to pay the expenses made in bad faith on the land of another, loses
by a third person in their production, what is built, planted or sown w/o right
gathering, and preservation. to indemnity
SECTION 2. - Right of Accession with Respect to Immovable Property
Owner of land is the owner of the fruits Owner of land is the owner of the fruits
Art. 445. Whatever is built, planted or sown on the land of another and the
Planter in bad faith Planter in bad faith improvements or repairs made thereon, belong to the owner of the land, subject to the
provisions of the following articles.
Owner must reimburse planter in bad Owner need not reimburse planter in bad
faith faith
Sowing Planting
Applies when the crops have already Applies only if crops have not yet been
been gathered gathered

SIENNA A. FLORES
PROPERTY
 - !19 -

Each deposit of seed gives rise to Permanent trunks or trees are produced, w/c in
merely a single crop or harvest. turn produce fruits themselves. W/o a replanting, Rights & If landowner acted in If landowner acted in
crops will continue to grow every season. Obligations GOOD FAITH BAD FAITH

GR: He becomes the owner GR: He becomes the owner of the

Basic Principles of Accession Industrial of the materials but he materials but he must pay their value
To the owner of the principal must belong also the accessions. Owner of must pay for their value & damages
The union or incorporation must, w/ certain exceptions, be effected in such Land Who Exception: When they can Exception: the owner of the materials
a manner that to separate the principal from the accessory would result in a Uses the be removed w/o destruction decides to remove them w/n
substantial injury to either. Materials of to the work made or to the destruction would be caused. (the
He who is in good faith may be held responsible but he should not be Another plants, the owner of the materials would still belong to the
penalized. materials can remove them. owner of the materials, who will still be
No one should enrich himself unjustly at the expense of another. entitled to damages.
Bad faith of 1 party neutralizes the bad faith of the other so both should be
considered in good faith. Owner of owner of the materials owner of the materials is entitled
the is entitled to to ABSOLUTE right of removal and
Whatever is built refers to all kinds of constructions w/ a roof, and used as a Materials reimbursement damages (w/n substantial injury is
residence, for office, or social meetings, etc. (provided he does not caused)
remove them) he is entitled to reimbursement &
he is entitled to damages in case he chooses not to
removal (provided no remove)
Latin Maxims in Connection w/ Accession Industrial substantial injury is
caused
Accessorium non ducit sed The accessory does not lead but follows its principal.
sequitor suum principali If landowner wants to return the materials instead of reimbursing their value:
1. if no damage has been made to the materials, or they have not been
Accessorium sequitor The accessory follows the nature of that w/c it relates.
transformed they may be returned, at the landowners expense
naturam rei cui accedit
2. if damage has been made or there has been a transformation they cannot
Aedificatum solo, solo What is built upon the land goes w/ it; o the land is be returned anymore
cedit. principal, & whatever is built on it becomes the
accessory.

GOOD FAITH BAD FAITH

Art. 446. All works, sowing, and planting are presumed made by the owner and at his
expense, unless the contrary is proved. - if he did now know that he - If he makes use of the land or
had no right to such land or materials w/c he knows belongs to
2 Disputable Presumptions Builder materials another.
1. the works, sowing & planting were made by the owner Planter - a landowner w/ a Torrens - one who buys land w/o verifying w/n
2. they were made at the owners expense Sower Title beyond the boundaries the land belongs to another w/ a Torrens
of his property a stated in the Title & who subsequently builds on it
Art. 447. The owner of the land who makes thereon, personally or through another, certificate of title - one who is aware of a notice of lis
plantings, constructions or works with the materials of another, shall pay their value; pendens
and, if he acted in bad faith, he shall also be obliged to the reparation of damages. The
owner of the materials shall have the right to remove them only in case he can do so
without injury to the work constructed, or without the plantings, constructions or works
being destroyed. However, if the landowner acted in bad faith, the owner of the
materials may remove them in any event, with a right to be indemnified for damages.

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PROPERTY
 - !20 -

b. if the builder cannot pay for the land, he shouldnt be allowed to

- If he did not know that If he allows another to use the materials
continue using it to the owners detriment
another was using his w/o informing him of the ownership
Owner materials thereof
Note: the option granted to the landowner is not absolute, as when it is impractical for
Of the - Granting that he did know,
the landowner to exercise the 1st alternative.
Materials if he informed the user of the
ownership thereof & made
Rationale for Option being Given to the Landowner
the necessary prohibition
1. his right is older
2. by the principle of accession, he is entitled to the ownership of the
When Landowner is in Good Faith, but Owner of Materials is in Bad Faith: accessory thing
1. landowner exempted from reimbursement & entitled to consequential
damages Indemnities to be Given
2. owner of materials lose all right to them (e.g. right of removal, w/n 1. necessary expenses those made for the preservation of the thing or those
substantial injury would be caused) w/o w/c the thing would deteriorate or be lost
2. useful expenses those that augment the income of the thing upon w/c
Presumption: Good faith is always presumed, and upon him who alleges bad faith they are spent, or add value to the property
rests the burden of proof. 3. luxurious expenses

Art. 448. The owner of the land on which anything has been built, sown or planted in
good faith, shall have the right to appropriate as his own the works, sowing or planting,
after payment of the indemnity provided for in Articles 546 and 548, or to oblige the
one who built or planted to pay the price of the land, and the one who sowed, the
proper rent. However, the builder or planter cannot be obliged to buy the land if its
value is considerably more than that of the building or trees. In such case, he shall pay
reasonable rent, if the owner of the land does not choose to appropriate the building or
trees after proper indemnity. The parties shall agree upon the terms of the lease and in
case of disagreement, the court shall fix the terms thereof.
When one builds, sows, or plants in bad faith on the land of a one in good
faith, the latter is entitled to an option:
1. appropriate for himself the house upon payment of the proper indemnity
a. the landowner becomes indebted monetarily
b. failure to pay may result in execution
c. ownership over the thing built/sown doesnt pass to the landowner
till after payment has been given
d. payment is to be made either on the date fixed by agreement, or
the date fixed by the Court
e. builder is entitled to retain the house until he is paid the full
indemnities since he is a builder in good faith
f. builder is not entitled to rents after election by the landowner has
been made since his possession is no longer that of a possessor in
good faith
g. basis of reimbursement: current market value at time of payment
2. compel the builder to buy the land upon w/c the house has been built,
unless the value of the land be considerable more than the value of the
house
a. landowner has no right to removal/demolition unless after having
selected a compulsory sale, the builder fails to pay for the land
When Art. 448 Applies
when the builder, planter or sower really believes he has the right to build,
plant or sow because he thinks he owns the land. He must therefore, have a
claim of title, he must really be a possessor in good faith.
even if the land is of public domain. Here, it is the state that can exercise
the option
when one loses the ownership of the land on w/c he earlier built an
apartment
if as a result of a defective donation, the donee constructs in good faith a
building thereon, and if there is no dispute as to ownership of the building,
the courts may apply (even in ejectment cases) Art. 448 to avoid
multiplicity of actions
When Art. 448 does NOT Apply
1. when the builder, planter, or sower doesnt claim ownership over the land,
but possesses it as a mere holder, agent, usufructuary or tenant (he knows
that the land is not his)
a. Exception: if an agricultural tenant whose lease is about to expire,
nevertheless still sows, now knowing that the crops will no longer
belong to him, Art. 448 can be applied.
2. when the builder, planter or sower is not a stranger but a co-owner, even if
later on, during the partition, the portion of the land used is awarded to
another co-owner.
3. when a person constructs a building on his own land, and then sells the land
but not the building to another.
4. when the builder is a belligerent occupant, e.g. Japanese Imperial Armed
Forces, the constructions made by it during the ware are owned not by the
owner of the land but by the Philippines, since the latter emerged victor in
the last war

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PROPERTY
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5. when the owner of the land is the builder, sower or planter who then later
loses his ownership of the land by sale or donation
Rule in case the Landowner Sells/Alienates the Land
3. if the new owner did not pay for the construction, he alone is responsible
because it was he who profited by the accession.
4. if the new owner paid for the construction, the action may still be directed
against him. But he can file a 3rd party complaint against the original owner,
who ultimately will have to pay, since it is unfair to compel the new owner to
pay twice.
Art. 449. He who builds, plants or sows in bad faith on the land of another, loses what
Irrevocability of Choice is built, planted or sown without right to indemnity.
once a choice is made by the landowner, it is generally irrevocable
if the landowner elected to get the building, but is finally unable to pay for Effect of Building/Planting/Sowing in Bad Faith
the indemnity or value of the building, she cannot afterwards elect to sell loss of object w/o indemnity
the land not entitled to reimbursement
her monetary obligation to indemnify can indeed be satisfied by a levy of
execution on her properties Note: Art. 449 applies only to growing or standing crops, not to gathered crops, w/c
are governed by Art. 443
Criticisms by Justice JBL Reyes: (on the portion exempting the builder/planter from
being required to pay for the value of the land if it is considerably more valuable than
Art. 450. The owner of the land on which anything has been built, planted or sown in
the building or construction)
bad faith may demand the demolition of the work, or that the planting or sowing be
the landowner would be forced to have constructions or plantings w/c he
removed, in order to replace things in their former condition at the expense of the
considers useless
person who built, planted or sowed; or he may compel the builder or planter to pay the
squatters may be invited
price of the land, and the sower the proper rent.
a forced lease may result & this is not good because it would be
Art. 451. In the cases of the two preceding articles, the landowner is entitled to
compulsory & the Court may not include the lucrum cessans (unrealized
damages from the builder, planter or sower.
profits) as part of the rent
the rule is almost equivalent to deprivation of property for the benefit of
another private person, w/o just compensation (contrary to the 3 Alternative Rights of a Landowner When 1 Builds on His Land in Bad Faith
Constitution)
since it was the builder/planter who made the mistake, he must bear the 1st get the house w/o paying any indemnity for its value
losses resulting from his own actuations, regardless of his good or bad faith damages
(not obliged to pay expenses for preservation of the house, but of the land)
Reply of the Code Commission
the purpose of the clause is to prevent injustice
the lucrum cessans may be included in the rent by the courts in case of the 2nd demand the demolition of the house at the builders expense
failure of the parties to agree damages
no lease is compulsory since the owner is allowed the remedy of
appropriaton 3rd compel the builder to buy the land, whether or not the value of the land is
considerably more than the value of the house
Writ of Demolition damages
before demolition could be effected, the parties concerned should be given a
chance to be heard concerning the interest they claim to possess on said
properties If you plant & grow crops on the farm of your neighbor knowing fully well that the
there must be a hearing on the motion and due notice farm is not yours, what are your rights w/ reference to the crops if your neighbour is
the right to hearing includes the right of the party interested to present his in good faith?
own case & to submit evidence in support thereof

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PROPERTY
 - !22 -

If crops have been gathered: If crops have not yet been gathered: Art. 453. If there was bad faith, not only on the part of the person who built, planted or
- you have to return the value of the - you completely forfeit them in favour of the sowed on the land of another, but also on the part of the owner of such land, the rights
crops, or owner of the land, w/o right to indemnity of one and the other shall be the same as though both had acted in good faith.
- return the crops themselves minus - but you have the right to be indemnified for It is understood that there is bad faith on the part of the landowner whenever the act
the expenses essential for their the necessary expenses for the was done with his knowledge and without opposition on his part.
production, gathering & preservation of the land (not of the crops)
preservation When Landowner When Builder/Planter/
is Considered in Bad Faith Sower is Considered in Bad
Rule Applicable if Builder is Enemy Country Faith
an airfield set upon private land by the Japanese Army in the Phil. belongs
to the Republic of the Phil, & not to the owner of the land - whenever an act was done w/ his knowledge & - the building/planting/sowing
It is wrong to say that the Japanese Army was a possessor in bad faith & w/o opposition on his part was made knowingly by one on
that therefore constructions by said Army belong to the owner of the land - a person who buys land knowing that a land not belonging to him & w/o
by industrial accession. This is because: construction had been made thereon by a authority
The rules of the NCC on industrial accession are not designed to person other than the owner & who pays only
regulate relations bet. private persons & a sovereign belligerent, for the land
nor intended to apply to constructions made exclusively for
prosecuting a war, when military is temporarily paramount Art. 454. When the landowner acted in bad faith and the builder, planter or sower
Intl law allows temporary use by the enemy occupant of private proceeded in good faith, the provisions of article 447 shall apply.
land & building for all kinds of purposes demanded by necessities of
war
Rule When Landowner is in Bad Faith but the Builder/Planter/Sower is in
Art. 452. The builder, planter or sower in bad faith is entitled to reimbursement for the Good Faith
necessary expenses of preservation of the land. Apply Art. 447 it is as if the landowner built on his land a house in bad
faith w/ the materials of another; hence:
Reimbursement for Necessary Expenses to Preserve the Land The landowner must pay for the value of the house plus damages
Reason: the true owner would have borne such expenses anyway, even if because of his bad faith
nothing had been built on the land If the owner of the materials prefers to remove/destroy the house,
land taxes are not exactly necessary expenses for the preservation for the landowner would still be liable for damages
the land, still they are considered in the category of necessary expenses &
must be reimbursed, regardless of the bad faith of the builder, planter or Art. 455. If the materials, plants or seeds belong to a third person who has not acted in
sower bad faith, the owner of the land shall answer subsidiarily for their value and only in the
event that the one who made use of them has no property with which to pay.
Criticism on Art.452 This provision shall not apply if the owner makes use of the right granted by
Art. 452 is an inducement, rather than a deterrent to building, planting & the owner makes use of the right granted by Article 450. If the owner of the materials,
sowing on anothers land in bad faith plants or seeds has been paid by the builder, planter or sower, the latter may demand
In places where people own small parcels of land, the land being from the landowner the value of the materials and labor.
unirrigated, the preservation & cultivation mean heavy expenses w/c may
be higher than the value of the land entered into
Rule When 3 Parties are Involved
A person may just plant/sow on anothers land because he expects a higher
1. Landowner
compensation than what he can get out of the land entered into
2. Builder/Planter/Sower
3. Owner of the Materials
Refutation of the Criticism
The offended party is still entitled to recover damages
It is doubtful if irrigation of an unirrigated parcel of land can be considered a Rights of Owner of Materials
necessary expense for the improvement of the land. It is safer to say that it
is a useful improvement. If he acted in BAD FAITH If he acted in GOOD FAITH

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PROPERTY
 - !23 -

- he loses all rights to be indemnified
- he can be liable for consequential
damages (e.g. when the materials are
of an inferior quality)
Alluvium: the soil deposited or added to accretion the lands adjoining the banks of
- he is entitled to reimbursement from
rivers, & gradually received as an effect of the current of the waters
the builder/planter/sower PRINCIPALLY
Note:
- in case of insolvency of the B/P/S, the
landowner is SUBSIDIARILY liable, if he
makes use of the materials ACCRETION ALLUVIUM

The process whereby the The soil deposited on the estate fronting the river
The Landowner makes use of the materials only if he appropriates the soil deposited bank; the owner of such estate is the riparian owner
construction. If he compels the builder to:
1. purchase the land, or A broader term A narrower term applies only to the soil deposited on
2. demolish the construction, the landowner does not make use of the river banks
materials, hence, he cannot be held subsidiarily liable

If the Owner of Materials (OM) & B/P/S are in Bad Faith, and the Landowner Essential Requisites of Alluvium
is in Good Faith, the Landowner can ask damages from both: 1. the deposit should be gradual & imperceptible
1. he may appropriate the house for his own, w/o payment of indemnity for 2. cause is the current of the river (and not due to works expressly designed
useful or necessary expenses for the house, but w/ indemnity for the for the purpose)
necessary expenses for preservation of the land 3. current must be that of a river
2. demand the demolition of the house at the B/P/Ss expense a. if a lake the Spanish Law of Waters must apply
3. compel the B/P/S to pay the price of the land whether the land is b. if the sea the deposit belongs to the State
considerably more valuable than the house or not 4. the river must continue to exist
5. the increase must be comparatively little
as between the B/P/S & OM who are both in bad faith, good faith must govern
the OM must be reimbursed by the B/P/S, but in case he cannot pay, the landowner Note: it is not necessary that:
will not be subsidiarily liable, because as to him, the OM is in bad faith
the riparian owner should make an express act of possession, the accession
if the B/P/S pays, he cannot ask for reimbursement from the landowner, because as being automatically his the moment the soil deposit can be seen
the riparian has completely paid for the value of the riparian estate, as long
to him, the B/P/S is in bad faith
as he already had the equitable/beneficial title
Art. 456. In the cases regulated in the preceding articles, good faith does not
Requisites for Accretion to Benefit the Riparian Owner
necessarily exclude negligence, which gives right to damages under article 2176.
1. the deposit be gradual & imperceptible
2. it resulted from the effects of the current of the water
Good Faith may Co-Exist w/ Negligence 3. the land where accretion takes place is adjacent to the bank of a river
it is possible that a person may be in good faith, & also negligent
in negligence, there is no intent to do wrong Reasons Why Alluvium is Granted the Riparian Owner
on the other hand, bad faith presupposes an intent to cause damage or 1. to compensate him for the loss he may suffer due to erosion or the
prejudice destructive force of the water & danger from floods
2. to compensate him because the property is subject to encumbrances & legal
Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion easements
which they gradually receive from the effects of the current of the waters. 3. the interests of agriculture require that the soil be given to the person who
is in the best position to cultivate the same
Forms of Accession Natural 4. since after all, it cannot be said w/ certainty from whom the soil came, it
1. Alluvium may just as well be logically given to him who can best utilize the property
2. Avulsion
3. Change of course of rivers
4. Formation of islands
Accretion on the bank of a lake Belongs to the owners of the estate to w/c
they have been added

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PROPERTY
 - !24 -

the removal of considerable quantity of earth upon or annexation to the land

Accretion on the bank of an island
formed in a non-navigable river
Accretion on a sea bank
Belongs to the owner of the island
or another, suddenly & by the perceptible action of the water
the force of water
Belongs to the public domain
delayed accession

Torrens Title ALLUVIUM AVULSION

of a portion of land protected by a Torrens Certificate of Title is lost by
The deposit of soil is gradual Sudden or abrupt process may be seen
alluvium, the registered owner is NOT protected by the registration of said
portion; he loses said portion Soil cannot be identified Identifiable or verifiable
an alluvial deposit does NOT automatically become registered land simply
because the lot w/c receives it is covered by a Torrens Title Belongs to the owner of property to w/c Belongs to the owner from whose
in order that alluvial property may be entitled to protection of it is attached property it was detached
imprescriptibility, the same must be placed under the operation of the Land
Registration Law
an unregistered alluvial property is therefore subject to acquisition through River: a natural stream of water, a greater volume than a creek or rivulet flowing, in a
prescription by 3rd persons more or less permanent bed or channel, between defined banks or walls, w/ a current
w/c may either be continuous in 1 direction or affected by the ebb & flow of the tide
Art. 458. The owners of estates adjoining ponds or lagoons do not acquire the land left
dry by the natural decrease of the waters, or lose that inundated by them in Creek: a small stream less than a river; a recess or inlet in the shore of a river, & not a
extraordinary floods. separate or independent stream, though it is sometimes used in the latter meaning

Torrent: a violent, rushing or turbulent stream

When Art. 458 is Applicable When Art. 458 is Not Applicable
Art. 460. Trees uprooted and carried away by the current of the waters belong to the
When the estate adjoins: When the estate adjoins: owner of the land upon which they may be cast, if the owners do not claim them within
- a pond - a lake six months. If such owners claim them, they shall pay the expenses incurred in
- a lagoon - a river gathering them or putting them in a safe place.
- a creek
- other streams Rule on Uprooted Trees: Original owner has 6 months to claim the uprooted trees

Pond: a body of stagnant water w/o an outlet, larger than a puddle & smaller than a
lake, or like body of water w/ a small outlet
Lagoon: a small lake, ordinarily of fresh water, & not very deep, fed by floods, the
hollow bed of w/c is bounded by the elevations of the land
Lake: a body of water formed in depressions of the earth; ordinarily fresh water
coming from rivers, brooks, or springs & connected w/ the sea by them
Art. 459. Whenever the current of a river, creek or torrent segregates from an estate
on its bank a known portion of land and transfers it to another estate, the owner of the
land to which the segregated portion belonged retains the ownership of it, provided
that he removes the same within two years.
Avulsion:
the process whereby the current of a river/creek/torrent segregates from an
estate on its bank a known portion of land & transfers it to another estate
Rule if Trees Have Been Transplanted: ownership still pertains to the person who
lost the trees provided that the claim was made property. But the owner of the land
upon w/c the trees have been case, does not have to wait for 6 months before he can
temporarily set them aside to make proper use of his own land.
Effect if Claim is Made but Trees are not Removed: An action may still be filed
afterwards for recovery of the trees, provided that the action is brought w/in the period
set by law for prescription of movable property
4 years ordinary prescription for the recovery
6 months a condition precedent for the claim
Art. 461. River beds which are abandoned through the natural change in the course of
the waters ipso facto belong to the owners whose lands are occupied by the new course
in proportion to the area lost. However, the owners of the lands adjoining the old bed
shall have the right to acquire the same by paying the value thereof, which value shall
not exceed the value of the area occupied by the new bed.

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PROPERTY
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Requisites for Art. 461 (Change of River Bed) to Apply

1. the change must be sudden in order that the old river may be identified
2. the changing of the course must be more or less permanent, & not
temporary overflooding of anothers land
3. the change of the river bed must be a natural one, i.e., caused by natural
forces, & not by artificial means such as those used by private individuals
authorized by government in w/c case the State may give the old river ed
to the persons responsible for the change
4. there must a definite abandonment by the government
5. the river must continue to exist, that is, it must not completely dry up or
disappear
In proportion to the area lost
Has no application if only 1 owner has lost
If only 1 owner has lost, he gets the entire abandoned river bed
proportion applies when there are 2 or more owners who have lost a
portion of their lots; in this case, the ENTIRE abandoned bed will go to them
proportionately (in proportion to the area each has lost)
Reason for Inserting the Phrase Ipso Facto
To make it clear that the rule applies by the mere fact of the occurrence of a
natural change in the course of the waters
The prejudiced landowner automatically becomes the owner of the
abandoned river bed, once the conditions stated in the article are fulfilled or
manifest, w/o the necessity of any action or exercise of possession on their
part
Their mode of acquisition would be by virtue of the law
Proposal of Cong. Arturo Tolentino
Repeal Art. 461 & restore Art. 370 of the Old Civil Code: Beds of rivers
abandoned because of a change in the natural change in the course of the
water belong to the owners of the land bordering thereon throughout their
respective extents. If the abandoned bed divides estates belonging to
different owners, the new dividing line shall be equidistant from the former
boundaries
Answer of the Code Commission
The new solution is by way of compensation for the loss of the land occupied
by the new bed. It is believed to be more equitable to compensate the
actual losers than to add land to those who have lost nothing.
Answer of Code Commission to the Proposed Amendment by Justice JBL Reyes
The amendment may work an injustice if the riparian owner doesnt have
enough money for indemnification, in w/c case no compensation may be
had for the loss, unlike in Art. 461 w/c makes the prejudiced party the
owner of the abandoned river bed. In most cases, the distance wouldnt be
very long.
Art. 462. Whenever a river, changing its course by natural causes, opens a new bed
through a private estate, this bed shall become of public dominion.
Rule if New River Bed is on Private Estate
Even if the new bed is on private property, the be becomes property of
public domain, just as the old bed had been of public domain before
abandonment
The new river banks shall likewise be of public domain
Rule if New River Bed is Itself Abandoned
The owner of the land flooded by the new change of course would own the
newly abandoned bed
If the river goes back to its old course, thus flooding the original bed, the
owner of the land originally flooded would get back the ownership of the
land (bed) w/c he had lost
Note: the abandoned river bed is given to the owner(s) of the land(s) onto w/c the
river changed its course instead of the riparian owners
Art. 463. Whenever the current of a river divides itself into branches, leaving a piece of
land or part thereof isolated, the owner of the land retains his ownership. He also
retains it if a portion of land is separated from the estate by the current.
Rule if River Divides Itself into Branches
As estate adjoins a river, but the river divides itself into branches, thus affecting As
property. A however remains the owner of the portion (this time an island) which:
1. may be isolated from the rest (ISOLATION)
2. may be separated from the rest (SEARATION)
Note: The rule is applicable whether the river is navigable or not.

Observation of Justice JBL Ryes Art. 463 Art. 464 & 465
Art. 461 is unworkable if the old bed left dry doesnt adjoin the lands of the
new owner, unworkable because distance may make its economic Fo r m a t i o n o f i s l a n d b y t h e Formation of islands by successive accumulation
development difficult. branching off of a river of alluvial deposits (unidentifiable sediment)
New solution offered: The old bed should be given to the riparian owners of
the land flooded, but never to exceed the value of either the new or the old
bed, whichever be smaller.

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PROPERTY
 - !26 -

No accession takes place, the Accession takes place SECTION 3. - Right of Accession with Respect to Movable Property
owner retaining his ownership of
the segregated portion 3 Types of Accession w/ Respect to Movable Property
1. adjunction
2. mixture (commixtion or confusion)
3. Specification
Art. 464. Islands which may be formed on the seas within the jurisdiction of the
Philippines, on lakes, and on navigable or floatable rivers belong to the State. Art. 466. Whenever two movable things belonging to different owners are, without bad
Art. 465. Islands which through successive accumulation of alluvial deposits are formed faith, united in such a way that they form a single object, the owner of the principal
in non-navigable and non-floatable rivers, belong to the owners of the margins or thing acquires the accessory, indemnifying the former owner thereof for its value.
banks nearest to each of them, or to the owners of both margins if the island is in the
middle of the river, in which case it shall be divided longitudinally in halves. If a single
Adjunction/Conjunction: the process by virtue of w/c 2 movable things belonging to
island thus formed be more distant from one margin than from the other, the owner of
diff. owners are united in such a way that they form single object
the nearer margin shall be the sole owner thereof.
Adjunction may be done:
1. in good faith
OWNERSHIP OF ISLANDS 2. or in bad faith

w/in the territorial waters or maritime zone or Different Kinds of Adjunction

If formed on the sea jurisdiction of the Philippines - STATE 1. Inclusion
a. e.g. sapphire set on a ring
Outside our territorial jurisdiction the 1st country to 2. Soldering
effectively occupy the same a. e.g. joining legs made of lead to a body also made of lead

If formed on lakes, Patrimonial property of the STATE Ferrumination: objects are of the same metal
navigable or floatable Plumabatura: objects are of different metals
rivers Escritura: writing
Pintura: painting
If NEARER in margin to one bank, owner of nearer Weaving
If formed on non-navigable margin, is SOLE owner.
or non-floatable rivers
I f E Q U I D I S TA N T, t h e i s l a n d s h a l l b e d i v i d e d Art. 467. The principal thing, as between two things incorporated, is deemed to be that
longitudinally in halves, each bank getting half. to which the other has been united as an ornament, or for its use or perfection.
Art. 468. If it cannot be determined by the rule given in the preceding article which of
the two things incorporated is the principal one, the thing of the greater value shall be
Navigable/Floatable Rivers: if useful for floatage & commerce, whether the tides so considered, and as between two things of equal value, that of the greater volume.
affect the water or not In painting and sculpture, writings, printed matter, engraving and lithographs, the
board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing.
Non-Navigable: the opposite of navigable rivers
The Principal is (in the order of preference):
Note: The State has a duty to declare w/c rivers are navigable & w/c are not 1. that to w/c the other has been united as an ornament, or for its use, or
perfection
Rule to follow if a New Island is Formed Bet. the Older Island & the Bank: the 2. that of greater value
owner of the older island is considered a riparian owner, & if the new island is nearer in 3. that of greater volume
margin to the older island, the owner of the older island should be considered also the 4. that w/c has greater merits (from the combined consideration of utility &
owner of the new island volume)

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PROPERTY
 - !27 -

Rule to Follow if the Adjunction Concerns 3 or more Things: Determine w/c is 1. delivery of a thing equal in kind & value (quantity, quality)
really the principal. All the rest should be considered accessories. 2. payment of price as appraised by experts (sentimental value must be
considered)
Art. 469. Whenever the things united can be separated without injury, their respective
owners may demand their separation. Note: the right to indemnity applies only if material was employed w/ the owners
Nevertheless, in case the thing united for the use, embellishment or perfection consent
of the other, is much more precious than the principal thing, the owner of the former
may demand its separation, even though the thing to which it has been incorporated Art. 472. If by the will of their owners two things of the same or different kinds are
may suffer some injury. mixed, or if the mixture occurs by chance, and in the latter case the things are not
separable without injury, each owner shall acquire a right proportional to the part
When there can be separation w/o injury: there is no real accession belonging to him, bearing in mind the value of the things mixed or confused.
Art. 473. If by the will of only one owner, but in good faith, two things of the same or
Rule if Accessory is More Precious than the Principal different kinds are mixed or confused, the rights of the owners shall be determined by
Separation, although w/ injury (but not destruction), is allowed, if the thing the provisions of the preceding article.
united for the use, embellishment, or perfection of the other is much more If the one who caused the mixture or confusion acted in bad faith, he shall
precious than the principal lose the thing belonging to him thus mixed or confused, besides being obliged to pay
indemnity for the damages caused to the owner of the other thing with which his own
Art. 470. Whenever the owner of the accessory thing has made the incorporation in bad was mixed.
faith, he shall lose the thing incorporated and shall have the obligation to indemnify the
owner of the principal thing for the damages he may have suffered. Mixture: the combination/union of materials where the respective identities of the
If the one who has acted in bad faith is the owner of the principal thing, the component elements are lost
owner of the accessory thing shall have a right to choose between the former paying
him its value or that the thing belonging to him be separated, even though for this 2 kinds of Mixture
purpose it be necessary to destroy the principal thing; and in both cases, furthermore, 1. Commixtion if solids are mixed
there shall be indemnity for damages. 2. Confusion if liquids are mixed
If either one of the owners has made the incorporation with the knowledge
and without the objection of the other, their respective rights shall be determined as RULES FOR MIXTURE
though both acted in good faith.
Mixture made by owner in GOOD Mixture made by owner in
FAITH, or by the will of BOTH BAD FAITH
Owner of ACCESSORY is in Bad Faith Owner of PRINCIPAL is in Bad Faith
owners, or by CHANCE, or by a
- he loses all rights to the accessory - owner of accessory has the right to ask COMMON AGENT
thing for payment of the accessory, plus
1. co-ownership results 1. he loses his material (in favour of
- he will be liable for damages damages, or
2. each owner acquiring an interest/ another), and
- owner of accessory may choose to
right proportional to the value of his 2. he is liable for damages
have the accessory thing removed
material
from the principal thing, even if the
principal thing be destroyed, plus
damages Rule if Parts Mixed are of Same Kind, Quantity & Quality: all that is needed
would be to divide the mixture into 2 equal parts

Art. 471. Whenever the owner of the material employed without his consent has a right Rule in Case Mixture was Caused by the Negligence of One of the Parties: the
to an indemnity, he may demand that this consist in the delivery of a thing equal in party negligent is liable for his culpa aquilana & should indemnify for damages. (Good
kind and value, and in all other respects, to that employed, or else in the price thereof, faith does not necessarily exclude negligence.)
according to expert appraisal.

Indemnity: How Paid

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PROPERTY
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Art. 474. One who in good faith employs the material of another in whole or in part in Involves at least 2 Involves at least 2 things May involve only 1 thing (may
order to make a thing of a different kind, shall appropriate the thing thus transformed things be more) but form is changed
as his own, indemnifying the owner of the material for its value.
If the material is more precious than the transformed thing or is of more Accessory follows Co-ownership results Accessory follows the principal
value, its owner may, at his option, appropriate the new thing to himself, after first the principal (with LABOR being considered
paying indemnity for the value of the work, or demand indemnity for the material. the principal)
If in the making of the thing bad faith intervened, the owner of the material
shall have the right to appropriate the work to himself without paying anything to the The things joined Things mixed or confused The new object retains or
maker, or to demand of the latter that he indemnify him for the value of the material retain their nature may either retain or lose preserves the nature of the
and the damages he may have suffered. However, the owner of the material cannot their respective natures original object
appropriate the work in case the value of the latter, for artistic or scientific reasons, is
considerably more than that of the material.
Art. 475. In the preceding articles, sentimental value shall be duly appreciated.

RULES TO FOLLOW IN SPECIFICATION Consideration of Sentimental Value

A thing for some sentimental reason may be worth, to its owner, much more
Worker/Principal in GOOD FAITH Worker/Principal in BAD FAITH than its actual value
CHAPTER 3: QUIETING OF TITLE
Worker has the option: Owner of the materials has an option:
1. he may appropriate the new thing 1. he can appropriate the work w/o
2. but he must indemnify for the paying for the labor, OR Art. 476. Whenever there is a cloud on title to real property or any interest therein, by
materials 2. he can demand indemnity for the reason of any instrument, record, claim, encumbrance or proceeding which is
materials plus damages apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or
unenforceable, and may be prejudicial to said title, an action may be brought to
remove such cloud or to quiet the title.
Exception: if the materials is more Exception: The option of appropriation is An action may also be brought to prevent a cloud from being cast upon title to
valuable than the new thing, the owner not available if the value of the resultant real property or any interest therein.
of the materials has the option: work is more valuable for artistic or
1. to get the new thing but he pays for scientific reasons Statement of the Code Commission Explaining the Reason For the Chapter on
the work, OR Quieting of Title
2. t o d e m a n d i n d e m n i t y f o r t h e 1. Sec. 37 of the Code of Civil Procedure: Actions to remove a cloud from the
material plus damages title to real estate shall be brought in the province where the land is situated
2. but no provision of the substantive law states under what conditions the
Specification: the giving of a new form to anothers material thru the application of action may be brought
labor. The material undergoes a transformation or change of identity. 3. Equity comes to the aid of him who would suffer if the instrument were
enforced. He is in good conscience entitled to a removal of the cloud or
Examples: doubt upon his title. On the other hand, the respondent has no legal or
1. baking a cake w/ the flour of another moral ground to hold the instrument against the petitioners title.
2. using the paint of another to make a painting on your own canvas
3. using clothing materials of another to make a suit Quieting of Title: a common-law remedy for the removal of any cloud upon or doubt
or uncertainty w/ respect to title to real property.
GR: it is the worker, not the owner of the material who is entitled to appropriate the
finished product Purpose: to secure an adjudication that a claim of title to or an interest in property,
Exception: when the material is of more value than the transformed thing, the owner adverse to that of the complainant, is invalid, so that the complainant & those claiming
of the material is given the preference/choice under him may be forever afterward free from any danger of hostile claim.

Courts Task
ADJUNCTION MIXTURE SPECIFICATION to determine the respective rights of the parties, so that the complaint &
those claiming under him may forever free from any danger of hostile claim

SIENNA A. FLORES
PROPERTY

not only to place things in their proper place, to make the one who has no
rights to said immovable respect & not disturb the other, but also for the
benefit of both, so that he who has the right would see every cloud of bout
over the property dissipated, & he could afterwards w/o fear introduce the
improvements he may desire, to use, & even to abuse the property as he
deems best
KINDS OF ACTION REFERRED TO
REMEDIAL Action to remove the cloud or to quiet title
PREVENTIVE Action to prevent a future cloud or doubt
The CLOUD on Title Exists Because:
1. of an instrument (deed or contract) or record or claim or encumbrances or
proceeding
2. w/c is apparently valid or effective
3. but is, in truth & in fact, invalid, ineffective, voidable, or unenforceable, or
extinguished, or terminated, or barred by extinctive prescription
4. AND prejudicial to the title
Note: When the instrument is not valid on its face, the remedy does not apply
Test: Would the owner of the property in an action at law brought by the adverse
party, & founded upon the instrument or claim, be required to offer evidence to defeat
a recovery?
If proof would be essential the cloud exists
If proof is not needed no cloud is cast
GR: Once a title is registered, the owner may rest secure, w/o the necessity of waiting
in the portals of the court, or sitting on the mirador su casa, to avoid the possibility of
losing his land.
Exception: Where a person obtains a certificate of title to a land belonging to another
& he has full knowledge of the rights of the true owner. He is guilty of fraud & he may
be compelled to transfer the land to the defrauded owner so long as the property has
not passed to the hands of an innocent purchase for value.
Rights of a Property Owner to Have Clouds Eliminate
1. that their respective rights be determined
2. not only to place things in their proper place, to make the one who has no
rights to said immovable respect & not disturb the other
3. but also for the benefit of both
4. so that he who has the right would see every cloud of doubt over the
property be dissipated
5. and he could afterwards w/o fear introduce the improvements he may
desire, to use, & even to abuse the property as he deems best
Reasons for Allowing the Action
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PROPERTY
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1. the prevention of litigation (eventual litigation)
2. the protection of the true title & possession
3. the promotion of right & justice
Nature of the Action
not in rem, but in personam
the result is not binding upon the whole world
it is enforceable only against the defeated party, or privies
a suit to quiet title brought against one co-owner is NOT res judicata w/
respect to the other co-owners who were not made parties thereto
technically, it is quasi in rem an action in personam concerning real
property
Note: An action to quiet title may apply to personal property w/c, though movable,
partake of the nature of real property (e.g. vessels)
When There Exists a Cloud over the Title:
1. an agent, w/ the written authority of his principal to sell the latters
property, sold the same AFTER the death of the principal but antedated the
contract of sale
2. if the contract is forged
3. a contract by an incapacitated person
4. a mortgage valid on its fact & will cause prejudice although in reality invalid
Requisite Needed to Bring an Action to Prevent a Cloud
there is a fixed determination on the part of the defendant to create a cloud,
& it is not sufficient that the danger is merely speculative
Does the Action to Quiet Title Prescribe?
1. If plaintiff is in possession
The action DOES NOT PRESCRIBE
Reason: while the owner continues to be liable to an action, proceeding,
or suit upon the adverse claim, he has a continuing right to be given aid
by the court to ascertain & determine the nature of such claim & its
effect on his title, or to assert any superior equity in his favour. He may
wait until his possession is disturbed or his title is attacked before
taking steps to vindicate his right.
2. If plaintiff is NOT in possession
The action MAY PRESCRIBE
Even if the action is brought w/in the period of limitations, it may be
barred by LACHES, where there is no excuse offered for the failure to
assert the title sooner
If somebody else has possession, the period of prescription for the
recovery of the land is either 10 or 30 years, depending on ordinary or
extraordinary prescription
GR: An action for reconveyance of a parcel of land based on implied or constructive
trust prescribes in 10 years, the point of reference being the date of registration of the
deed or the date of the issuance of the certificate of title over the property.
 - !30 -

Exception: If plaintiff is in possession, the action is imprescriptible.
Q: Just because probate proceedings are instituted, is it proper to archive an action to
quiet title (bet. parties each of whom claims to have purchased the same properties
from an heir) to certain properties involved in said probate proceedings?
A: NO. Probate proceedings dont delve into the ownership of the properties involved.
Probate courts have no jurisdiction to determine w/ finality, conflicts of ownership. Such
conflicts must be litigated in a separate action, except where a party merely prays for
the inclusion or exclusion from the inventory of any particular property, in w/c case the
probate court may pass upon provisionally the question of inclusion or exclusion, but
w/o prejudice to its final determination in an appropriate action.
Art. 477. The plaintiff must have legal or equitable title to, or interest in the real
property which is the subject matter of the action. He need not be in possession of said
property.
Necessity for the Title of the Plaintiff
The plaintiff must have either the legal (registered) ownership or equitable
(beneficial) ownership. Otherwise, the action will not prosper
If Plaintiff is in Possession If Plaintiff is Out of Possession
Period does not prescribe Period prescribes
Only right to remove or prevent Aside from being given the right to remove or
cloud prevent cloud, he may also bring the ordinary
actions of ejectment, publiciana or reivindicatoria
w/in the proper prescriptive periods
The precise purpose of the action is merely to quiet title & not to obtain
some pecuniary benefits.
Art. 480. The principles of the general law on the quieting of title are hereby adopted
insofar as they are not in conflict with this Code.
Principles of General Law: These are general principles developed on the subject in
Anglo-American Jurisprudence, where this remedy is well known.
Principles Regarding DEFENSES: the defendant can win if he can prove:
1. that the plaintiff doesnt have legal or equitable title
2. that the defendant has acquired the ownership by adverse possession
3. that the case has already been previously decided between parties on the
same issue res judicata
4. that the defendant became the owner after the action has been filed, but
before he filed his answer (as by succession, donation, etc)
5. that the action has prescribed, the plaintiff being outside of possession
Principles Regarding the RELIEFS Given
1. unauthorized mortgages may be cancelled
2. in an ordinary case, the defendant may in his counter-claim ask for quieting
of title as against the plaintiff. (this can be done if the court has jurisdiction,
in order to settle all conflicting claims)
3. injunction may be availed of such as a prohibition to destroy certain
properties or to gather fruits from the land in question
Art. 481. The procedure for the quieting of title or the removal of a cloud therefrom
shall be governed by such rules of court as the Supreme Court shall promulgated.

Rules of Procedure as Enunciated by American Courts

Art. 478. There may also be an action to quiet title or remove a cloud therefrom when 1. the venue of an action is determined by the situation or location of the
the contract, instrument or other obligation has been extinguished or has terminated, premises, & not by the residence of the party
or has been barred by extinctive prescription. 2. the process or notice should accurately describe the property & state in
2 Instances Where the Action May be Used general terms the nature & extent of the plaintiffs claim
1. when the contract, etc. has ended 3. the suit cannot be brought in the name of 1 party for the use & benefit of
2. When the action is barred by extinctive prescription another
When the Action to Quiet Title Will not Prosper
Art. 479. The plaintiff must return to the defendant all benefits he may have received 1. if its merely an action to settle a dispute concerning boundaries
from the latter, or reimburse him for expenses that may have redounded to the 2. if the case merely involves the proper interpretation & meaning of a contract
plaintiff's benefit. or document
3. if the plaintiff has no title, either legal or equitable
Note: Any expenses made by the defendant for the execution or registration of the 4. if the action has prescribed, & the plaintiff is not in possession of the
contract must also be reimbursed. property
5. if the contract, instrument, etc. is void on its face
General Rule Based on Equity 6. if it is a mere claim or assertion, or the claim asserts that an instrument or
Whenever the plaintiff is shown to be legally or morally bund to restore or entry in behalf of the plaintiff is not really what it appears to be
reimburse, he must do so.
He who comes to equity must do so equity.

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PROPERTY
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CHAPTER 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING is exercised by 2 or more owners & the undivided thing or right to w/c it
refers to one & the same. (Manresa)
A co-ownership is not a judicial person, nor is it granted any form of
Art. 482. If a building, wall, column, or any other construction is in danger of falling,
juridical personality. Thus it cannot sue in court.
the owner shall be obliged to demolish it or to execute the necessary work in order to
prevent it from falling.
Note: there is no co-ownership when the different portions owned by different people
If the proprietor does not comply with this obligation, the administrative
are already concretely determined & identifiable, even if not yet technically described.
authorities may order the demolition of the structure at the expense of the owner, or
take measures to insure public safety.
Co-Owners
Co-owners may litigate in their individual capacities.
Q: On As estate is a wall facing the street. The wall is in danger of falling. May the Possession of a co-owner is like that of a trustee & shall not be regarded as
owner be compelled to demolish or repair it? adverse to the other co-owners but in fact as beneficial to all of them.
A: Yes, & if he doesnt do so, the administrative authorities may either: A co-owner can only alienate his pro indivisio share in the co-owned
1. order its demolition at As expense property.
2. take measures to insure public safety A co-owner doesnt lose his part ownership of a co-owned property when his
share is mortgaged by another co-owner w/o the formers knowledge &
The complainant who brings the case must have: consent.
1. his property adjacent to the dangerous construction, OR A co-owner may validly lease his undivided interest to a 3rd party
2. to pass by necessity in the immediate vicinity independently of the other co-owners
A co-owner of an undivided parcel of land is an owner of the whole, & over
GR: if the construction falls, the owner would be liable for damages the whole he exercises the right of dominion but he is at the same time the
owner of a portion w/c is truly ABSTRACT.
Art. 483. Whenever a large tree threatens to fall in such a way as to cause damage to A co-owner may file an action under Art. 487 not only against a 3rd person
the land or tenement of another or to travellers over a public or private road, the owner but also against another co-owner who takes exclusive possession & asserts
of the tree shall be obliged to fell and remove it; and should he not do so, it shall be exclusive ownership of the property
done at his expense by order of the administrative authorities.
What Governs Co-Ownership?
Rule w/ Respect to Large Trees About to Fall 1. contracts
Failure on the owners part to act accordingly will be met w/ expenses 2. special legal provisions
shouldered by him. 3. provisions of the Title on Co-Ownership
Note: In default of the 1st, apply the 2nd. In absence of the 2nd, apply the 3rd.

Title III. - CO-OWNERSHIP

KINDS OF CO-OWNERSHIP

Art. 484. There is co-ownership whenever the ownership of an undivided thing or right SUBJECT 1. Co-ownership of an undivided thing
belongs to different persons. MATTER
In default of contracts, or of special provisions, co-ownership shall be 2. Co-ownership of an undivided right (e.g. lease right inherited from a
governed by the provisions of this Title. deceased father)

SOURCE 1. contraction co-ownership (e.g. an agreement not to divide for 10yrs)

Co-Ownership
That state where an undivided thing or right belongs to 2 or more persons. 2. Non-contractual co-ownership (if the source is not a contract)
It is the right of common dominion w/c 3 or more persons have in a
spiritual/ideal part of a thing w/c is not physically divided RIGHTS 1. Tenancy in common (or ownership in common or just co-ownership)
The right of common dominion w/c 2 or more persons have in spiritual part OF THE
of a thing, not materially or physically-divided. (Sanchez Roman) CO- 2. Joint tenancy (also called joint ownership)
The manifestation of the private right of ownership, w/c instead of being OWNERS
exercised by the owner in an exclusive manner over the things subject to it,

SIENNA A. FLORES
PROPERTY

SOURCES OF CO-OWNERSHIP (How it Arises)
1. By Law Party walls
Party ditches
The co-ownership of earnings by a man & woman whose
marriage is void, or who are living together w/o benefit of
marriage (but there must be no existing & valid conjugal
partnership, as when either is already married to someone
else)
Note: Property acquired by a man while living w/ a common-law
wife during the subsistence of his marriage is conjugal property,
even when the property was titled in the name of the common-
law wife. In such a case, a constructive trust is deemed to have
been created over the property w/c lawfully pertains to the
conjugal partnership of the subsisting marriage.
Note: If the actual contribution of a party is not proved, there
will be no co-ownership & no presumption of equal shares
2. By Contract 2 cousins buy a parcel of land, share in the price, & agree not
to divide for 10 years
3. By Chance Commixtion
Confusion
Hidden treasure
4. B y When the wild beast is caught by several persons
Occupation Note: This ruling seems erroneous because while it is
or Occupancy occupation, still the co-ownership must have been presumed
because of an implied agreement or contract between the 2
hunters.
5. B y Intestate heirs before partition, the successional estate being
Succession a co-ownership prior to partition
or Will Note: In the exercise of the right of legal redemption, the rule
concerning co-heirs must apply, & not that concerning co-
owners. If after partition, some of the co-heirs decide to
continue to be co-owners of a certain portion of the estate, the
rule for legal redemption will now be the rule concerning co-
owners.
Note: If a father & daughter declare in a deed of partition that
theyre co-owners of land w/c is really paraphernal land of his
2nd wife, co-ownership isnt created for the lot remains
paraphernal.
Note: Res judicata generally applies in cadastral proceedings,
including adjudication of co-ownerships therein.
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PROPERTY
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Characteristics of Co-Ownership
1. There must be more than 1 subject or owner.
2. There is 1 physical whole divided into ideal (undivided) shares.
3. Each ideal share is definite in amount, but is not physically segregated from
the rest.
4. Regarding the physical whole, each co-owner must respect each other in the
common use, enjoyment or preservation of the physical whole. (Thus, a co-
owner cannot sell a definite with boundaries part of the property.)
5. Regarding the ideal share, each co-owner holds almost absolute control over
the same. (Thus, he is a full owner of his part, & of the fruits & benefits
thereof; and he may alienate, assign, or mortgage it, but he cannot
substitute another person in its enjoyment, when personal rights are
involved.)
6. It is not a juridical person. (It has not juridical personality).
7. A co-owner is in a sense a trustee for the other co-owners. (GR: He may not
acquire ownership of the property held in common through prescription.)
TENANCY IN COMMON JOINT TENANCY
(CO-OWNERSHIP)
Involves a physical whole. But there Involves a physical whole. But there is NO
is an ideal (abstract) division. Each ideal (abstract) division. Each & ALL of them
co-owner being the owner of his own own the whole thing.
ideal share.
Each co-owner my dispose of his Each co-owner may not dispose of his own
ideal share or undivided share (w/o share w/o the consent of ALL the rest,
boundaries) WITHOUT the others because he really has NO IDEAL share.
consent.
If a co-owner dies, his share goes to If a joint-tenant dies, his share goes by
his own heirs. accretion to the other joint-tenants by virtue
of their survivorship or jus accrecendi.
If a co-owner is a minor, this doesnt If a joint-tenant is under a legal disability
benefit the other for the purpose of (e.g. minority), this benefits the other against
prescription, & prescription therefore whom prescription will not run.
runs against them.
CO-OWNERSHIP ORIGINAL PARTNERSHIP
No legal personality Has legal or juridical personality
Created by contract or by other Created by contract only (express or implied)
things
Purpose: collective enjoyment Purpose: profit
 - !33 -

Agreement for it to exist for 10
years valid (if for more than 10
years, the excess is void)
No mutual representation
Not dissolved by death or
incapacity of co-owner
Can dispose of his share w/o
consent of others
Profits must always depend on
proportionate shares
CO-OWNERSHIP
May arise by an ordinary contract
Sex of the co-owners is immaterial
Co-owners may be 2 or more
Profits are proportional to
respective interests
Death of 1 does not dissolve the
co-ownership
Generally all co-owners administer
Co-ownership is discouraged by law
There is no term limit set by the law
There is mutual representation
Is dissolved by the death or incapacity of
partner
Cannot substitute another as partner in his
place w/o consent of the other
Profits must be stipulated upon
CONJUGAL PARTNERSHIP
Arises only because of the marriage contract
One must be male, other must be female
Conjugal owners are always 2
Profits are generally 50-50 unless a contrary
stipulation is in a marriage settlement
Death of either husband/wife dissolves the
conjugal partnership
Generally, the husband is the administrator
Encouraged by law to provide for better family
solidarity
Taxes
1. If a co-owner has paid the taxes: he can compel contribution from his co-
owners
2. If a co-owner has not yet paid taxes: he cannot compel them to pay the
overdue and unpaid taxes to him himself, for after all, the taxes are due, not
to him, but to the government.
Art. 486. Each co-owner may use the thing owned in common, provided he does so in
accordance with the purpose for which it is intended and in such a way as not to injure
the interest of the co-ownership or prevent the other co-owners from using it according
to their rights. The purpose of the co-ownership may be changed by agreement,
express or implied.
GR: each co-owner has the right to use the property for the purpose intended (said
purpose being alterable by express/implied agreement), BUT:
1. the interest of the co-ownership must not be injured/prejudiced
2. the other co-owners must not be prevented from using it
Apartment House
Accessorias or apartments are built either for residential purposes or for
stores
Art. 487. Any one of the co-owners may bring an action in ejectment.
Right of Co-owners to Bring an Action in Ejectment
Any of the co-owners are authorized to bring an action for ejectment & the
suit is deemed to be instituted for the benefit of all, w/o the owners actually
giving consent to the suit
An attorney-in-fact of a co-owner doesnt need authority from all the co-
owners; he needs authority only from the co-owner instituting action
Presumption: the case instituted by 1 was really in behalf of ALL
Note: If the co-owner expressly states that he is bringing the case only for himself, the
action should not be allowed to prosper.

Art. 485. The share of the co-owners, in the benefits as well as in the charges, shall be Actions Covered by Ejectment
proportional to their respective interests. Any stipulation in a contract to the contrary 1. forcible entry
shall be void. 2. unlawful detainer
The portions belonging to the co-owners in the co-ownership shall be 3. accion publiciana
presumed equal, unless the contrary is proved. 4. accion reivindicatoria
5. quieting of title
Shares in Benefits & Charges 6. replevin
1. The share in the benefits & charges is proportional to the interest of each. GR: A decision in a suit to quiet title brought against 1 co-owner by a 3rd party is NOT
(e.g. if 1 co-owner owns 2/3, he shares 2/3 of the taxes) RES JUDICATA w/ respect to the other co-owners, because co-owners as such are not
2. Contrary stipulation is VOID. To do so would be to run against the nature of privies inter se in relation to the property owned in common.
co-ownership. Exception: A statement in said suit stating that the document relied upon by the co-
3. Each co-owner shares proportionately in the accretion or alluvium of the owners predecessor-in-interest did NOT give title to said predecessor, is BINDING on
property. (Because an increase in area benefits all) said co-owners, for regarding this aspect, they may be considered as privies or

SIENNA A. FLORES
PROPERTY

successors-in-interest. If their predecessor-father was NOT the owner of the land, they,
the children cannot be considered as co-heir or co-owners.
Note: Any co-owner may file an action for ejectment not only against a 3rd person but
also against another co-owner who takes exclusive possession & asserts exclusive
ownership of the property.
Art. 488. Each co-owner shall have a right to compel the other co-owners to contribute
to the expenses of preservation of the thing or right owned in common and to the
taxes. Any one of the latter may exempt himself from this obligation by renouncing so
much of his undivided interest as may be equivalent to his share of the expenses and
taxes. No such waiver shall be made if it is prejudicial to the co-ownership.
Expenses for Preservation
a co-owners has the right to compel the others to share in the expenses for
preservation, even if incurred w/o prior notification to them (since expenses
are necessary) BUT he must notify if PRACTICABLE
How a Co-Owner May Exempt Himself
By RENOUNCING (abandoning for the benefit of the others) so much of his
undivided share as may be equivalent to his share of the expenses & taxes
The one renouncing doesnt necessarily renounce his entire interest in the
co-ownership
Note: The renouncing cannot be done if the co-ownership will be prejudiced.
What the Renouncing Requires
If renouncing is in favour of the creditor: said creditor must give his consent
(for this would be a case of adjudicacin en pago or datio in solutum, where a
debtor gives something else in payment of his debt)
If renouncing is in favour of the other co-owners: a novation would result
necessitating the consent of said other co-owners & of the creditor
Note: the creditors consent would be needed only if the expenses have already been
incurred, otherwise there would as yet be no creditors.
What Reimbursement Covers
NECESSARY expenses (e.g. those for preservation of a house in a ruinous
condition)
Not for useful expenses, even if the value of the property is increased, the
purpose of co-ownership not being for profit
Note: Reimbursement can be had from the estate of a deceased co-owner, provided no
renunciation has been made.
When Renunciation Cannot be Implied
Renunciation cant be implied by mere refusal to pay the proportionate
share.
If there is refusal to pay, but no renunciation, the creditors can still collect
from the delinquent co-owner. Here, the other co-owners dont have to
intervene, for they are not the ones prejudiced.
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PROPERTY
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Art. 489. Repairs for preservation may be made at the will of one of the co-owners, but
he must, if practicable, first notify his co-owners of the necessity for such repairs.
Expenses to improve or embellish the thing shall be decided upon by a majority as
determined in Article 492.
Number of Co-owners Who Must Consent
1. repairs, ejectment action ONE
2. alterations or acts of ownership ALL
3. all others, like useful improvements, luxurious embellishments,
administration & better enjoyment FINANCIAL MAJORITY (not numerical)
Rule as to Necessity Repairs
a co-owner can go ahead w/ necessary repairs even against the opposition
of all the rest.
The negligence of others shouldnt prejudice him.
If he has money, he may advance the funds.
If he has NO money in the meantime, he can contract w/ the repairman, &
all the co-owners will be liable proportionately to the creditors.
They may renounce their shares in the co-ownership (equivalent to their
share in the expenses) in favour of the CREDITORS (provided the latter
agree)
They may make the renouncing in favour of the CONSCIENTIOUS CO-
OWNER (provided that said co-owner agrees to assume that obligation, &
provided the creditors agree), otherwise no renouncing can be done & they
would still be indebted.
Note: If because of unjustified opposition of the majority of the co-owners, necessary
repairs urged by 1 were not undertaken, & damage resulted, those who made the
unjustified opposition will be responsible for said damages.
Rule if No Notification Was Made But it was Practicable to do so
The other co-owners may state that had they been notified, they could have
helped look fro cheaper labor & materials, & that therefore they should pay
less than what is being charged them.
In such a case, the co-owner who neglected to make the notification must
take care of the difference.
Practicable: Something that can be done.
Practical: Useful
Art. 490. Whenever the different stories of a house belong to different owners, if the
titles of ownership do not specify the terms under which they should contribute to the
necessary expenses and there exists no agreement on the subject, the following rules
shall be observed:
(1) The main and party walls, the roof and the other things used in common, shall be
preserved at the expense of all the owners in proportion to the value of the story
belonging to each;
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(2) Each owner shall bear the cost of maintaining the floor of his story; the floor of the
entrance, front door, common yard and sanitary works common to all, shall be
maintained at the expense of all the owners pro rata;
(3) The stairs from the entrance to the first story shall be maintained at the expense of
all the owners pro rata, with the exception of the owner of the ground floor; the stairs
from the first to the second story shall be preserved at the expense of all, except the
owner of the ground floor and the owner of the first story; and so on successively.
therefrom. However, if the withholding of the consent by one or more of the co-owners
is clearly prejudicial to the common interest, the courts may afford adequate relief.
An ALTERATION is a change
1. w/c is more or less permanent
2. w/c changes the use of the thing
3. w/c prejudices the condition of the thing or its enjoyment by the others

Perpendicular Co-Ownership
The different stories belong to different persons Examples of Alterations
There is still co-ownership for there is some unity in the use or 1. sale, donation or mortgage, etc. of the whole property
ornamentation of the property, particularly in the main & common walls, 2. sale, donation, or mortgage, etc. of a part of the property but w/ definite
roof, stairs, etc. boundaries
3. a voluntary easement
Horizontal Co-Ownership 4. lease of real property if
If the various units are in 1 plane as when one-story units all set on the a. the lease is recorded/registered, or
ground b. the lease is for more than 1 year
5. the construction of a house on a lot owned in common
Note: a combination of both perpendicular & horizontal co-ownership can result in a 6. any other act of strict dominion or ownership
situation very similar to a condominium w/c may be in the form of a building consisting 7. impliedly, contracts of long duration
of several stories, each story being by itself divided into different units, owned by
different persons. Each unit cannot be considered owned in common. Unanimous Consent
1. express
The Rules Themselves a. express consent of the others is needed to recover a share of the
1. proportionate contribution is required for the preservation of: expenses
a. the main walls b. this express consent must be proved by the 1 who made the alteration
b. the party walls if he desires proportionate reimbursement
c. the roof (this is really used by ALL) 2. implied
d. the other things used in common a. only for the purpose of making the alteration legal
2. each floor owner must bear the expenses of his floor b. not enough to make the other co-owners liable for the expenses for the
3. stairs are to be maintained from story to story, by the users construction of the house
Note: The ground floor is distinct from the 1st story
Replacement: not considered an alteration
Condominium Law
the buyer of a unit in a condominium acquires ownership over the unit only When an Alteration is Illegal: An alteration is illegal when made w/o the express or
after he has paid in full its purchase price implied consent of the other co-owners
the ownership of a condominium unit is the separate interest of the owner
w/c makes him automatically a shareholder in the condominium Effects of an Illegal Alteration
all incorporators of a condominium must be an owner of a condominium unit 1. the co-owner responsible my lose what he has spent
common areas & facilities: portions of a condominium property not included 2. demolition can be compelled
in the units 3. he would be liable for losses & damages
unit: a part of the condominium property w/c is to be subject to private 4. but whatever benefits the co-ownership derives will belong to it
ownership 5. in case a house is constructed on common lot, all the co-owners will be
entitled to a proportionate share of the rent

Art. 491. None of the co-owners shall, without the consent of the others, make Art. 492. For the administration and better enjoyment of the thing owned in common,
alterations in the thing owned in common, even though benefits for all would result the resolutions of the majority of the co-owners shall be binding.

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PROPERTY
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There shall be no majority unless the resolution is approved by the co-owners 3. when the majority refuses to correct abuse of administration or
who represent the controlling interest in the object of the co-ownership. maladministration
Should there be no majority, or should the resolution of the majority be 4. when the minority is made the victim of fraud
seriously prejudicial to those interested in the property owned in common, the court, at 5. when an alteration (instead of a mere act of administration) is agreed upon
the instance of an interested party, shall order such measures as it may deem proper,
including the appointment of an administrator. Examples of Acts Seriously Prejudicial
Whenever a part of the thing belongs exclusively to one of the co-owners, and 1. when loans are made w/o sufficient security
the remainder is owned in common, the preceding provision shall apply only to the part 2. when an encumbrance or disposition is made since this would be an
owned in common. alteration
3. when an abusive or inefficient administrator is not replaced

Art. 493. Each co-owner shall have the full ownership of his part and of the fruits and
benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and
even substitute another person in its enjoyment, except when personal rights are
Acts of Administration or Management involved. But the effect of the alienation or the mortgage, with respect to the co-
1. those that do not involve an alteration owners, shall be limited to the portion which may be allotted to him in the division
2. those that may be renewed from time to time upon the termination of the co-ownership.
3. those that have transitory effects, that is, do not bind the co-ownership for
a long time in the future Rules Regarding the Ideal Share
4. those that do not give rise to a real right over the thing owned in common 1. each co-owner has FULL ownership of his part & of his share of the fruits &
5. those, w/c even if called an alteration, do not affect the substance of nature benefits
of the thing 2. hence, each co-owner may alienate, assign or mortgage his (ideal) share
6. those for the common benefit of all the co-owners & not for only 1 or some (not 1 w/ boundaries)
of them a. this is w/o prejudice to the exercise by the others of their right of legal
Note: All the requisites mentioned must concur. redemption
b. redemption of share of co-owners cannot be effected if there has
Examples of Acts of Administration already been a partition of the property formerly owned in common.
1. lease of 1 year or less (of real property) provided it is not registered 3. he may substitute another person in its enjoyment, except when personal
2. acts of management; examples: rights are involved
a. when by the resolution of the financial majority, 1 of them is appointed 4. he may exempt himself from necessary expenses & taxes by renouncing
manager or administrator, & is entrusted w/ the custody of jewels part of his interest in the co-ownership
owned in common)
b. the right of co-heirs to manage inherited property Unauthorized Sale of the Entire Property: the sale is valid only insofar as his share
c. the right to appoint even a stranger as administrator or agent of the co- is concerned, unless the other co-owners consented to the sale.
ownership, w/ the rights & obligations of an agent)
Art. 494. No co-owner shall be obliged to remain in the co-ownership. Each co-owner
Limitations on the Right of Financial Majority may demand at any time the partition of the thing owned in common, insofar as his
1. although they can approve resolutions for administration & better share is concerned.
enjoyment, still before a decision is made, there should 1st be a notice to Nevertheless, an agreement to keep the thing undivided for a certain period of time,
the minority so that they can be heard not exceeding 10 years, shall be valid. This term may be extended by a new
2. the majority would be justified in proceeding only when the urgency of the agreement.
case & the difficulty of meeting w/ them render impracticable the giving of A donor or testator may prohibit partition for a period which shall not exceed 20 years.
such notice Neither shall there be any partition when it is prohibited by law.
No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-
The MINORITY may APPEAL to the court against the decision of the majority heirs so long as he expressly or impliedly recognizes the co-ownership.
when:
1. there is no real majority Reason for Allowing Partition, as a Rule, at Any Time
2. the resolution is seriously prejudicial to the rights of an individual co-owner

SIENNA A. FLORES
PROPERTY

To remain in a co-ownership would be to subject a person to the desire of
the rest
Conflicts in management being bound to arise, the law as much as possible
discourages co-ownership
No co-owner is obliged to remain in the co-ownership
The right to demand partition never prescribes
Object of Partition
Both real & personal properties may be the object of partition
Partition has for its purpose the separation, division, or assignment of things
held in common, among the people to whom they may belong.
When Co-Owner May NOT Successfully Demand a Partition
1. if by agreement (for a period not exceeding 10 years), partition is prohibited
2. when partition is prohibited by a donor or testator (for a period not
exceeding 20 years) from whom the property came
3. when partition is prohibited by law (e.g. conjugal partnership property,
except in certain instances)
4. when a physical partition would render the property unserviceable, but in
this case, the property may be allotted to 1 of the co-owners, who shall
indemnify the others, or it will be sold, & the proceeds distributed
5. when the legal nature of the common property doesnt allow partition (e.g.
party walls)
Prohibition to Partition Because of an Agreement
1. the period must not extend to more than 10 years
2. if it exceeds 10 years, the stipulation is valid only insofar as the 1st 10 years
are concerned
3. there can be an extension but only after the original period has expired
4. after the 1st extension, there can be another, & so on indefinitely, as long as
for each extension, the period of 10 years is not exceeded
5. a perpetual prohibition should be considered void as against public policy,
but in such a case, it is believed that it should be considered valid, for the
1st 10 years
6. notwithstanding any agreement to partition for 10 years, the parties may
mutually rescind the agreement, provided everybody consents
Rules in the Case of Succession or Inheritance
a testator may provide in his will that the property he is disposing of will not
be partitioned for 10 years. The legitime may even be subject to this
condition
although a testator may provide for an indivision of 20 years, the heirs may
nevertheless partition the property should any of the grounds for the
dissolution of partnership exist
Before the partition of a land/thing held in common, no individual co-owner
can claim title to any definite portion thereof. All the co-owner has is an
ideal or abstract quota or proportionate share in the entire land/thing.
Prescription in Favor of a Co-Owner Against the Other Co-Owners
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PROPERTY
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GR: 1 co-owner cannot acquire the whole property as against the other co-owners.
This is why the others can demand partition at any time. But this is only true, so long
as the co-owner concerned expressly/impliedly recognizes the co-ownership.
Exception: A co-owner can become the exclusive owner of the others shares by
prescription, if the following conditions are present:
1. he must make known to the other co-owners that he is definitely
repudiating the co-ownership & that he is claiming complete ownership over
the entire property
2. the evidence of repudiation & knowledge on the part of the others must be
clear & convincing
3. the other requirements of prescription continuous, open, peaceful, public,
adverse possession for the period of time required under the law must be
present
4. the period of prescription shall start to run only from such repudiation of co-
ownership
Note: A constructive/implied trust can prescribe, but an express trust cannot prescribe.
GR: Prescription does not adversely affect a co-owner or co-heir.
Exception: Under certain conditions, the co-ownership or the co-heirship may be
repudiated; from this moment of repudiation, prescription begins to run.
Art. 495. Notwithstanding the provisions of the preceding article, the co-owners cannot
demand a physical division of the thing owned in common, when to do so would render
it unserviceable for the use for which it is intended. But the co-ownership may be
terminated in accordance with Article 498.
Partition of an Essentially Indivisible Object
E.g. the partition of an automobile owned in common
If to physically partition is not practicable, the co-ownership may end under
Art. 498
Art. 496. Partition may be made by agreement between the parties or by judicial
proceedings. Partition shall be governed by the Rules of Court insofar as they are
consistent with this Code.
CLASSIFICATION OF THE VARIOUS KINDS OF PARTITION
Extrajudicial (conventional)
CAUSE
Judicial (when court approval is sought or when
partition is made by the court)
PERMANENCE Provisional or temporary
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Permanent unless all other co-owners & interested persons are made defendants, the
action will not prosper
SUBJECT Partition of real property if a co-owner is dead, his administrator or his heirs may bring the action
MATTER insufficiency of description in the complaint may be cured even during the
Partition of personal property
trial, not afterwards
an action for partition cannot be considered as 1 for the partition of the
Partition in a judicial decree property owned in common even though it is so entitled & the prayer of the
FORMS & complaint is to this effect, if any party to the suit denies the pro-indiviso
SOLEMNITIES Partition duly registered in the Registry of Property (undivided) character of the estate whose partition is sought & claims
exclusive title thereto or to any part thereof. In such a case, the action
Partition in a public instrument becomes one for recovery of property insofar as the property claimed
exclusively by any of the parties is concerned.
Partition in a private instrument It is imperative for the court to determine ownership before a proper
adjudication of the partitioned property can be made.
Oral partition
What Court Must do if it Finds that the Plaintiff has the Right to Demand
Partition
The Law that Governs Partition It shall order the partition of the real estate among all the parties in interest
1. Civil Code The parties may, if they are able to agree, make the partition among
2. Rules of Court (Rule 69 Partition)
themselves, by proper instruments of conveyance, & the court shall confirm
the partition so agreed upon by all the parties, & such partition, together w/
Rules of Court, Rule 74, Sec. 1 Conditions for a Partition to be Valid
the order of the court confirming the same, shall be recorded in the registry
1. the decedent left no will
of deeds of the place in w/c the property is situated.
2. the decedent left no debts, or if there were debts left all had been paid A final order decreeing partition & accounting may be appealed by any party
3. the heirs & liquidators are all of age, or if they are minors, the latter are
aggrieved thereby.
represented by their judicial guardian or legal representatives
4. the partition was made by means of a public instrument or affidavits duly
Public Document
filed w/ the Register of Deeds While a partition thru a public document would be desirable, still the law
does NOT require expressly the constitution of said public document.
Rules of the National Planning Commission (NPC)
the co-owners have the right to voluntarily terminate their existing co-
Private Document
ownership over the property thru an agreement subdividing the land among Oral partition or partition by virtue of a private instrument is allowed,
themselves
considering there is not change of ownership, but a mere designation &
this right exists even if their subdivision doesnt conform to the rules of the
segregation of the part that rightfully belongs to each co-owner.
NPC as to the area of each lot, frontage & width of alleys While a private document of sale of land is valid & binding bet. the parties, it
is not sufficient by itself to convey title or any real right to the land
Reasons Acts & contracts w/c have for their object the creation, transmission,
1. the rules of the NPC are intended to regulate the subdivision of land for sale
modification or extinguishment of real right over immovable property must
& for building development (not for a voluntary partitioning, or introduction
appear in a public instrument
of improvements by co-owners)
Note: what the buyer must do is compel the seller to execute the needed public
2. even if the rules of the NPC would ordinarily be applicable, these were
instrument. This is because the sale is valid & enforceable.
promulgated under EO98 of 1946 & should not prevail over the Civil Code
w/c took effect in 1950
What Court Must do if the Parties Fail to Agree on the Partition
The court shall appoint not more than 3 competent & disinterested persons
What a Person Desiring Judicial Partition of Real Estate Must Do:
as commissioners to make the partition, commanding them to set off to the
1. set forth in his complaint the nature & extent of his title
plaintiff & to each party in interest such part & proportion of the property as
2. set forth an adequate description of the real estate
the court shall direct.
3. he must join as defendants all other persons interested in the property

SIENNA A. FLORES
PROPERTY

A decision directing partition is NOT final but interlocutory because it leaves
something more to be done in the trial for the complete disposition of the
case the appointment of commissioners, the proceedings to be had before
them, the submission of their report w/c must be set for hearing
The selection of commissioners depends upon the courts discretion, & will
not be altered by the appellate court, unless abuse of discretion is proved
Factors to be Considered in Making the Partition
The commissioners shall view & examine the real estate
They shall heart the parties as to their preference in the portion of the
property to be set apart to them & the comparative value
Set apart the portion to the parties in lots or parcels as will be most
advantageous & equitable
Have due regard to the improvements, situation, & quality of the different
parts of the land
Rule if Physical Partition is Prejudicial
The land will be given to 1 co-owner who should reimburse the rest, unless
1 asks that a public sale be made
The request for a sale is allowed to foresetall collusion bet. the assignee &
the commissioners regarding the lands value
Effectivity of the Partition Made by the Commissioners
It will not be effective until approved by the court
The court is allowed to approve, amend, or disapprove the report
New commissioners may even be appointed
Rule as to Who Pays the Costs
The parties shall pay the costs, including the compensation of the
commissioners
Statement of the Proper Boundaries
If actual partition is made, the judgment shall state the proper boundaries
Necessity of Delivery
Delivery is a necessary & indispensable incident to carry into effect the
purpose of the partition
Each co-owner may be placed in possession of the lot adjudicated to him
even if the courts decision on the partition be silent in this respect
Conversion of Partition Proceeding to One for the Settlement of an Estate
This cannot be done w/o compliance w/ the procedure outlined in the Rules
of Court (Rules 78-89), esp. the provisions on publication & notice to
creditors
Rule in Partition Sales
In partition sales conducted by the authority of the court, if the sale is made
by the sheriff for cash, & the bidder to whom the property was adjudicated
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PROPERTY
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fails to make immediate payment, the sheriff may sell the property anew on
the same day w/o readvertising, even after the hours of sale have elapsed.
Partition sales become valid & binding only upon confirmation by the court,
so that before such confirmation, the bidder acquires no contractual right.
If the property is resold before the confirmation of the 1st sale, & the resale
is duly confirmed by the court, the originally purchaser is released from
further liability upon his purchase, & cannot be held for the deficiency upon
resale.
Effect of an Extrajudicial Partition that is Later On Approved by a Court of
Competent Jurisdiction
The partition renders almost conclusive questions of possession & ownership
over the property such that future judicial determination will generally be
precluded
Novation of Partition
A partition may be novated as long as ALL the interested parties consent
thereto.
Prescriptive Period if Partition is Void
The action to declare the nullity of a VOID extrajudicial partition does NOT
prescribe
Art. 497. The creditors or assignees of the co-owners may take part in the division of
the thing owned in common and object to its being effected without their concurrence.
But they cannot impugn any partition already executed, unless there has been fraud, or
in case it was made notwithstanding a formal opposition presented to prevent it,
without prejudice to the right of the debtor or assignor to maintain its validity.
Scope of Creditors
All creditors whether preferred or ordinary
They must have become creditors during the existence of the co-ownership,
& NOT before or after
Participation of Assignees
Q: A, B & C are co-owners. A sold his share to X. who is entitled to participate in the
partition, A or X?
A: It depends.
If a sold his WHOLE share, & has DELIVERED the same, then it is NOT A
who should participate but X. In this case, X is participating not as an
assignee, but in his own right as co-owner.
If A sold only a PART of his share, or even if he sold his entire share but has
NOT YET DELIVERED, the same to X, then both A & X are allowed to
participate in the partition together w/ B & C. A as co-owner, & X as
assignee.
Notice to Creditors & Assignees
 - !40 -

Since the law grants them the right to participate in the partition it is Art. 501. Every co-owner shall, after partition, be liable for defects of title and quality
understood that notice must be given them of the portion assigned to each of the other co-owners.
It will be their fault if they do not appear after such notification & ordinarily,
they will not be allowed to impugn the partition, unless FRAUD against them How Co-Ownership Extinguished
has been committed 1. judicial partition
2. extrajudicial partition
Art. 498. Whenever the thing is essentially indivisible and the co-owners cannot agree 3. when by prescription, 1 co-owner has acquired the whole property by
that it be allotted to one of them who shall indemnify the others, it shall be sold and its adverse possession as against all the others, & repudiating unequivocally
proceeds distributed. the co-ownership of the other
Example of an object essentially indivisible: an automobile 4. when a stranger acquires by prescription the thing owned in common
5. merger in 1 co-owner
Legal/Juridical Dissolution: the termination of co-ownership here is made not 6. loss or destruction
physically but by law 7. expropriation (indemnity will be distributed accordingly
Title V. - POSSESSION
Procedure for the Legal Partition CHAPTER 1: POSSESSION AND THE KINDS THEREOF
1. give the whole to 1 co-owner who will now be required to indemnify the rest
2. if this is not agreed upon, there must be a sale (public or private)
Art. 523. Possession is the holding of a thing or the enjoyment of a right.
Note: there is no right of legal redemption here for the co-ownership has ceased

Note: Applicable also to Objects Essentially Divisible
Art. 499. The partition of a thing owned in common shall not prejudice third persons,
who shall retain the rights of mortgage, servitude or any other real rights belonging to
them before the division was made. Personal rights pertaining to third persons against
the co-ownership shall also remain in force, notwithstanding the partition.
Meaning of 3rd Persons
All those who did not in any way participate or intervene in the partition
Note: When the court is asked to help in the partition, the interests of all persons must
be considered so that reason & justice would prevail.
Art. 500. Upon partition, there shall be a mutual accounting for benefits received and
reimbursements for expenses made. Likewise, each co-owner shall pay for damages
caused by reason of his negligence or fraud.
Possession
Etymology derived from pos sedere (to be settled) or posse
Legal - the holding or control of a thing; or the exercise of a right. (This is
only quasi-possession since a right is incorporeal.)
Q: Is possession a fact or a right?
A: It is really a fact since it exists; but from the moment it exists, certain
consequences follow, thus making possession also a right.
Viewpoints of Possession
1. Right TO Possession (jus possidendi) a right or incident of ownership
a. e.g. I own a house; therefore I am entitled to possess it
2. Right OF Possession (jus possessionis) an independent right of itself,
independent of ownership
a. e.g. I am renting a house from X. Although I am not the owner, still by
virtue of a lease agreement, I am entitled to posses the house for the
period of the lease.

Effects of Partition Degrees of Possession

1. mutual accounting for benefits received 1. grammatical degree: mere holding or having, w/o any right whatsoever
2. mutual reimbursement e.g. possession by a thief
3. indemnity for damages in case of negligence or fraud 2. juridical possession: possession w/ a juridical title, but not that of an owner
4. reciprocal warranty for e.g. that of a lessee, pledge, depositary
a. defects of title (eviction) 3. real possessory right: possession w/ a just title, but not from the true owner
b. quality (or hidden defects) e.g. A in good faith buys an automobile from B who delivers the same to A,
5. each former co-owner is deemed to have had exclusive possession of the and who merely pretended to be the owner
part allotted to him for the entire period during w/c the co-possession lasted 4. possession w/ a title of dominium, that is, w/ a just title from the owner
6. partition confers upon each, the exclusive title over his respective share (this is really ownership or possession that spring from ownership)

SIENNA A. FLORES
PROPERTY

Requisites or Elements of Possession
1. a holding or control
2. a deliberate intention to possess
3. the possession must be virtue of ones own right
Note: an agent who holds is not truly in possession; it is the principal who possesses
thru the agent.
Holding or Detention
may be actual or constructive occupation
if a person assumes control over a big tract of land although he actually
possesses only of it, he is said to be in constructive possession of the rest
possession in the eyes of the law does not mean that a man has to have his
feet on every square meter of ground before it can be said that he is in
possession
it is essential in constructive possession that the property be not in the
adverse possession of another
Classes of Possession
1. in ones own name or in that of another
2. in the concept of owner (en concepto de dueno) & in the concept of holder
3. in good faith (bona fide) or in bad faith (mala fide)
Ownership is Different from Possession
A person may be declared the owner, but he may not be entitled to
possession
The possession (in the concept of a holder) may be in the hands of another
(e.g. lessee or a tenant)
A person may have introduced improvements thereon of w/c he may not be
deprived w/o due hearing
He may have other valid defenses to resist surrender of possession
Hence, a judgment for ownership does NOT necessarily include possession
as a necessary incident. This is moreover true only if there is the possibility
that the actual possessor has some rights w/c must be respected & defined.
Where the actual possessor has no valid right over the property enforceable
even against the owner thereof, the surrender of the possession to the
adjudged owner should be considered included in the judgment.
Note: Possession is not a definite proof of ownership, nor is non-possession
inconsistent therewith.
Physical Possession
When the primary issue to be resolved is physical possession, the issue
should be threshed out in the ejectment suit, and not in any other case such
as an action for declaratory relief to avoid multiplicity of suits.
Art. 524. Possession may be exercised in one's own name or in that of another.
Name Under W/C Possession May be Exercised
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1. in ones own name
2. name of another
Q: Who is in actual possession of a rented parcel of land
A: The lessor, thru tenant, is in actual possession of the land (in the concept of owner,
that is, if the lessor is NOT the owner; if he is the owner, he is called the possessor-
owner.) The tenant, by himself, is in actual possession in the concept of holder.
Possession in Anothers Name
1. Voluntary by virtue of an agreement (e.g. when an agent possess for the
principal)
2. Necessary (e.g. when a mother possesses for a child still in the maternal
womb
3. Unauthorized this will become the principals possession only after there
has been a ratification w/o prejudice to the effects of negotiorum gestio.
Right of the Landlord Himself to Bring Suit Against an Intruder
Q: If a tenant is ousted by an intruder, the tenant is undoubtedly given the right to
bring an action of forcible entry. But suppose it is the landlord himself who institutes
the suit against the intruder, would the action prosper?
A: YES. After all, the landowner was really in actual possession thru the tenant. Unless
he would be allowed this right, there is a danger he may eventually lose his possession
over the same, & suffer serious inconvenience. Under Art. 1673 of the CC, the tenant is
required to give notice to the owner of any usurpation w/c a stranger may do. It can be
inferred from this that the owner can maintain his possession, by suit, if essential.
Note: The visiting of a certain piece of land once in a while & declaring, for taxation
purposes, that the land belongs to me does NOT necessarily mean that I am in
possession of the lands. These facts, by themselves, do not show possession.
Note: The holding of an informacion possessoria or possessory information is
considered evidence of possession under Art. 394 of the Spanish Mortgage Law.
Art. 525. The possession of things or rights may be had in one of two concepts: either
in the concept of owner, or in that of the holder of the thing or right to keep or enjoy it,
the ownership pertaining to another person.
Concept of a Owner
Other people believe thru my actions, that I am the owner of the property,
hence considered in the opinion of others as owner.
This is regardless of my good faith or bad faith.
A possessor in the concept of an owner is one who, whether in good faith or
bad faith, CLAIMS to be, and ACTS as if he is the owner.
He thus recognizes no title of ownership in another, w/ respect to the
property involved.
Whether he is in good faith or bad faith is immaterial.
 - !42 -

Note: This is the possession that may ripen into ownership. This is also referred to as A: NO. Because:
adverse possession. 1. a possessor is not necessarily the owner of the property possessed
2. he may be possessing only a portion of the land involved, or his possession
Examples of Adverse Possession may be w/ the knowledge and tolerance of the owner
The construction of permanent buildings 3. the rights of a mere possessor are unavailing as against a seller who is
Collection of rentals armed w/ a Torrens Title over the property involved
Harvesting of the fruits or fruit-bearing trees
The giving of advice as to the boundaries of adjoining properties Possessor in Bad Faith: one who is NOT in good faith
The payment religiously of taxes on the property
Note: a person in bad faith is not entitled to the privilege of having a court give him a
Concept of Holder longer term for the fulfilment of his obligation
I recognize another to be the owner
Examples of a Possessor in Bad Faith
Examples of Possession in Concept of Holder if circumstances exist that require a prudent man to investigate, he will be
1. that of the tenant in bad faith if he does not investigate
2. that of the usufructuary a partys mere refusal to believe that a defect exists or his wilful closing of
3. that of the depositary his eyes to the possibility of the existence of a defect in his vendors title will
4. that of the bailee in commodatum NOT make him an innocent purchaser for value if it afterwards develop that
the title was in fact defective
Hence we distinguish between: a lessee who continues to stay on the premises after the expiration of the
1. possession of the THING itself lease contract is a usurper having no more right to the use & enjoyment of
2. possession of the RIGHT TO ENJOY the thing or benefit from it the premises. He has become a possessor in bad faith.
Purchaser from a suspected thief.
Art. 526. He is deemed a possessor in good faith who is not aware that there exists in Purchaser at a public auction sale of property subject to litigation or to a 3rd
his title or mode of acquisition any flaw which invalidates it. party claim
He is deemed a possessor in bad faith who possesses in any case contrary to the Purchaser from a person w/ a forged title
foregoing. Squatters on a church land who know it to be temporarily abandoned
Mistake upon a doubtful or difficult question of law may be the basis of good faith. because of war
A purchaser from a tenant of the property, the purchaser knowing that the
Possession in Good Faith or Bad Faith property belonged to another
it is useless to speak of an owner as a possessor in good faith or bad faith
Persons who take possession of hereditary estate of a relative & deliberately
(except insofar as to point out whether or not in the meantime he is entitled excluded from the estate the child of the deceased
to possess it)
A buyer of land already in the peaceable possession of person other than
when Art. 526 distinguishes good and bad faith, there must be a flaw the seller, who does not inquire into the status of the land or the title of the
if aware of it, the possessor is in BAD faith seller of the property should be considered one in bad faith & must suffer
if NOT aware, he is in GOOD faith the consequences of the risk taken
if there is NO FLAW at all, the article should NOT APPLY
While one who buys from the registered owner does NOT need to look
behind the certificate of title, one who buys from one who is NOT the
Possessor in Good Faith: One who exists in his TITLE or MODE of acquisition any registered owner is expected to examine not only the certificate of title but
flaw w/c invalidates it all factual circumstances necessary for him to determine if there are any
good faith or lack of it is in the last analysis a question of intention flaws I the title of the transferor, or in his capacity to transfer land. The
it is a fact w/c is intangible, & is evidenced by external sighs failure of the purchaser to make necessary investigation constitutes lack of
the belief must be reasonable, not capricious good faith. Not being a purchaser in good faith, he is NOT entitled to the
while the possessor in good faith is one who BELIEVES he is the owner, the rights of a registered owner.
possessor is in the concept of owner is one who ACTS as if he is the owner
A person who is aware of the defects of his predecessors title

Q: If a buyer knows at the time of purchase that the lot he is acquiring, is in the Bad Faith
possession of a person other than the seller, is he necessarily a buyer in bad faith?

SIENNA A. FLORES
PROPERTY
 - !43 -

Bad faith or malice implies a conscious & intentional design to do a wrongful
act for a dishonest purpose or moral obliquity
Bad faith is different from the negative idea of negligence in that malice or
bad faith contemplates a state of mind affirmatively operating w/ a futive
design or ill-will
Breach of a known duty thru some motive
It partakes of the nature of fraud
Although receipt of summons will ordinarily produce a conversion from good
faith to bad faith, it may be possible that a possessor will still be convinced
of the righteousness of his cause, thus preserving his original good faith
If he was originally in good faith, he wouldnt be responsible in case of loss
thru fortuitous event, even if the loss should occur during the trial. On the
other hand, had he really been in bad faith all the time, the loss by
fortuitous event would not excuse him

Mistake on a Doubtful or Difficult Question of Law Art. 529. It is presumed that possession continues to be enjoyed in the same character
This may be a basis of good faith (provided that such ignorance is not gross in which it was acquired, until the contrary is proved.
& therefore inexcusable)
It is true that ignorance of the law excuses no one from compliance Some Presumptions Regarding Possession
therewith but error in the application of the law, it the legal solutions rising 1. good faith
from such application, & the interpretation of doubtful doctrine can still 2. continuity of character of possession
make a person a transgressor, violator or possessor in good faith. For 3. non-interruption of possession
indeed, ignorance of the law may be based on an error of fact. 4. presumption of just title
5. non-interruption of possession of property unjustly lost but legally recovered
Bad Faith is Personal 6. possession during intervening period
Just because a person is in bad faith (knows of the defect or flaw in his title) 7. possession of movables w/ real property
does not necessarily mean that his successors-in-interest are also in bad 8. exclusive possession of common property
faith
Art. 530. Only things and rights which are susceptible of being appropriated may be the
Art. 527. Good faith is always presumed, and upon him who alleges bad faith on the object of possession.
part of a possessor rests the burden of proof.

Presumption: Good faith What may be possessed? What may NOT be possessed?
Reason: the presumption of innocence is given because every person should be
presumed honest till the contrary is proved Only those things & rights w/c are Property of public domain
susceptible of being appropriated Res communes
(hence only PROPERTY may be Easements (if discontinuous or non-apparent)
Art. 528. Possession acquired in good faith does not lose this character except in the
the object of possession) Things specifically prohibited by law
case and from the moment facts exist which show that the possessor is not unaware
that he possesses the thing improperly or wrongfully.
Res Nullius (abandoned or ownerless property)
When Possession in Good Faith is Converted to Possession in Bad Faith May be possessed but cannot be acquired by prescription
From the moment facts exist showing the possessors knowledge of the flaw, Reason: prescription presupposes prior ownership in another
form the time should he be considered a possessor in bad faith However, res nullius may be acquired by occupation
It doesnt matter whether facts were caused by him or some other person
CHAPTER 2: ACQUISITION OF POSSESSION
When Bad Faith Begins
Existence of bad faith may begin either from the receipt of judicial Art. 531. Possession is acquired by the material occupation of a thing or the exercise of
summons, or even before such time as when a letter is received from the a right, or by the fact that it is subject to the action of our will, or by the proper acts
true owner asking the possessor to stop planting on the land because and legal formalities established for acquiring such right.
somebody else owns it
What the possessor should do upon receipt of the letter would be to
How is Possession Acquired?
investigate; and if he does not, but is later on defeated, bad faith should be
1. by material occupation (detention) of a thing or the exercise of a right
counted from the time he 1st received the letter
(quasi-possession); this includes:

SIENNA A. FLORES
PROPERTY
 - !44 -

a. constitutum possessorium: when a person who possessed property as

Acquisition of Possession from Essential requisites
an owner, now possesses it in some other capacity (e.g. lessee/
the Viewpoint of who Possesses
depositary)
b. traditio brevi manu: when a person who possessed property not as an 1. for personal acquisition intent to possess
owner (e.g. lessee), & now possesses it as owner
2. by subjection to our will; this includes: capacity to possess
a. tradition longa manu: delivery by the long hand or delivery by consent
or mere pointing object must be capable of being possessed
b. tradition simbolica: delivery of keys
3. by constructive possession or proper acts & legal formalities
2. thru an authorized person intent to posses for the principal (not for
a. succession
(agent or legal representative) agent)
b. donation
c. execution of public instruments authority or capacity to possess (for another)
d. possession by a sheriff by virtue of a court order
principal has intent & capacity to possess
Symbolic Delivery
in the absence of stipulation of the parties that the ownership of a thing sold 3. thru an unauthorized person intent to possess for another (the principal)
shall not pass to the purchase until he has paid the full purchase price, the (but only if subsequently ratified)
execution of the sale thru a public instrument shall be equivalent to the
capacity of the principal to possess
delivery of the thing.
If, however, notwithstanding the execution of the instrument, the purchaser
ratification by principal
CANNOT have the enjoyment & material tenancy of the thing and make use
of it himself because such tenancy & enjoyment are opposed by another,
then delivery has NOT been effected. Negotiorum Gestio does NOT arise in either of these instances
Symbolic delivery holds true when there is not impediment that may 1. when the property or business is not neglected or abandoned
prevent the passing of the property from the hands of the vendor into those 2. if in fact the manager has been tacitly authorized by the owner
of the vendee.
Art. 533. The possession of hereditary property is deemed transmitted to the heir
Essential Requirements for Possession without interruption and from the moment of the death of the decedent, in case the
1. the corpus the thing physically detained
inheritance is accepted.
2. the animus intent to possess One who validly renounces an inheritance is deemed never to have possessed the
same.
Constructive Possession of Land
if an entire parcel is possessed under claim of ownership, there is
Note: Art. 533 speaks of acquisition of possession thru succession mortis causa
constructive possession of the entire parcel, UNLESS a portion thereof is
adversely possessed by another
Time of Acquisition of Possession
the area must however be w/in reasonable limits it is not enough to
1. if heir ACCEPTS from the moment of death since there is no interruption
merely plant a sign
(possession of the deceased should be added to the possession of the heir)
2. if heir REFUSES (or he is incapacitated to inherit) he is deemed to NEVER
Art. 532. Possession may be acquired by the same person who is to enjoy it, by his have possessed the same
legal representative, by his agent, or by any person without any power whatever: but
in the last case, the possession shall not be considered as acquired until the person in
Art. 534. On who succeeds by hereditary title shall not suffer the consequences of the
whose name the act of possession was executed has ratified the same, without
wrongful possession of the decedent, if it is not shown that he was aware of the flaws
prejudice to the juridical consequences of negotiorum gestio in a proper case.
affecting it; but the effects of possession in good faith shall not benefit him except from
the date of the death of the decedent.

Some Effects of Acquisition of Possession, thru Succession

SIENNA A. FLORES
PROPERTY

If the father or decedent was in bad faith it does NOT necessarily mean that
the son was also in bad faith. The son is presumed to be in GOOD FAITH.
In the computation of time necessary for prescription, the son may complete
the period necessary for prescription by TACKING his possession to that of his
father. However, if the father was in bad faith, the consequences of the good
faith of the son should be counted only from the date of the fathers death.
Note: if the father had been in good faith, this article is NOT APPLICABLE, for the son
would not suffer. In such a case, the possession of the father in good faith is added to
the possession of the son in good faith, & we cannot say that the effects of possession
in good faith shall commence only from the decedents death
Art. 535. Minors and incapacitated persons may acquire the possession of things; but
they need the assistance of their legal representatives in order to exercise the rights
which from the possession arise in their favor.
Persons Referred to in this Article
1. minors
2. minors emancipated by parental concession or by marriage (e.g. like
possession of real property)
3. other incapacitated persons
a. the insane
b. the prodigal or spendthrift
c. those under civil interdiction
d. deaf-mutes (those labouring under restrictions on capacity to act)
Nature of their Possession
possession by them is allowed only in those matters where they have
capacity to act and NOT possession where juridical acts are imperative like
the possession of land the ownership of w/c he desires to test in court
Acquisition by Prescription
Minors & other incapacitated persons may acquire property or rights by
prescription, either personally or thru their parents, guardians or legal reps.
Art. 536. In no case may possession be acquired through force or intimidation as long
as there is a possessor who objects thereto. He who believes that he has an action or a
right to deprive another of the holding of a thing, must invoke the aid of the competent
court, if the holder should refuse to deliver the thing.
Modes thru w/c Possession Cannot be Acquired
1. force or intimidation (as long as there is a possessor who objects thereto;
objection may be made by suit of forcible entry w/in a year from the
dispossession, otherwise, the possession de facto is lost)
SIENNA A. FLORES
PROPERTY
- !45 -
2. mere tolerance or permission (mere inaction or mere failure to bring an
action is NOT tolerance referred to in the law)
3. clandestine, secret possession, or possession w/o knowledge (for this would
be possession by stealth, & not open or public) clandestine possession by
itself is hidden or disguised possession & may be w/ or w/o the owners
knowledge
How to Recover Possession
1. if a person has been deprived of possession, he cannot take the law into his
own hands
2. he should request the usurper to give up the thing
3. if the usurper refuses, he should invoke the aid of the proper & competent
court
4. otherwise the owner can be made the defendant in a forcible entry case w/
al its repercussions
Art. 537. Acts merely tolerated, and those executed clandestinely and without the
knowledge of the possessor of a thing, or by violence, do not affect possession.
Case Doctrines on Tolerance
if a person squats on anothers property because of tolerance, the latter
may sue for ejectment
when one stays on a parcel of land merely by tolerance, & having
recognized ownership in another, they cannot now claim that their
possession was adverse
Possession by Squatter
a squatters possession, when there is no violence, is by mere tolerance
the 1 year period for filing an unlawful detainer case against him should not
be counted fro the beginning of the possession, but from the time the latest
demand to vacate is made, unless in the meantime an accion publiciana is
instituted
squatting is a continuing offense (but it has now been decriminalized)
Clandestine Possession
secret possession
possession by stealth
for clandestine possession to affect the owners possession, the possession
must also be unknown to the owner
if it is secret to many, but known to the owner, his possession is affected
presumption: when the possession is clandestine, it is also unknown to the
owner
Possession by Force or Violence
force may be proved expressly or impliedly
e.g. the act of entering into the premises & excluding the lawful possessor
therefrom necessarily implies the exertion of force over the property
 - !46 -

The Force May Be: 4. if both present a title, the Court will determine (the thing will be judicially
1. actual or merely threatened deposited)
2. done by possessor himself or by his agent
3. done against the owner or against any other possessor or against the When Art. 538 Applies
owners representative, such as a capataz it applies to preference of POSSESSION whether real or personal property is
4. done to oust possessor; or if occupied during the latters absence, done to involved
prevent his getting back the premises it also applies whether the possession was longer or shorter than 1 year

Meaning of Acts do not affect possession When Art. 1544 Applies

1. the intruder does not acquire any right to possession (NO LEGAL 1. applies to preference of OWNERSHIP in case of double sale/double donation
POSSESSION) 2. MOVABLE property preference in ownership is given to the person who 1st
2. the legal possessor, even if physically ousted, is still the possessor & possessed it in good faith
therefore 3. IMMOVABLE property preference in ownership is given
a. still entitled to the benefits of prescription a. To the 1st who registered his right in good faith in the Registry of
b. still entitled to the fruits Property
c. still entitled as possessor for all purposes favourable to his possession b. If there was no registration, to the person who 1st possessed in good
3. the intruder cannot acquire the property by prescription faith
c. If there was no possession, to the person who presents the oldest title,
provided that the title had been acquired in good faith
OLD LAW NEW LAW
Conflict Between a Sale and a Mortgage
Prescription was possible even if entry Possession for prescription has to be in
The unrecorded sale of prior date of real property by virtue of a public
into the premises was effected thru the concept of an owner, public &
instrument is preferred over a recorded mortgage of a later date because if
violence, for the law said in whatever peaceful & uninterrupted. Reason for
the original owner had parted w/ his ownership over the thing sold, he no
way such occupancy may have peaceful is that violence/usurpation
longer had the ownership & free disposal of that thing so as to be able to
commenced or instituted must be condemned.
mortgage it
Art. 538. Possession as a fact cannot be recognized at the same time in two different Thus, registration of the mortgage under Act. 3344 would be of no moment
personalities except in the cases of co-possession. Should a question arise regarding since it is understood to be w/o prejudice to the better right of 3rd parties
the fact of possession, the present possessor shall be preferred; if there are two Nor would it avail the mortgagee any to assert that he is in actual
possessors, the one longer in possession; if the dates of the possession are the same, possession of the property for the execution of the conveyance in a public
the one who presents a title; and if all these conditions are equal, the thing shall be instrument earlier was equivalent to the delivery of the thing sold to the
placed in judicial deposit pending determination of its possession or ownership through vendee
proper proceedings. A contract should be construed as a mortgage or a loan instead of a pacto
de retro sale when its terms are ambiguous or the circumstances
GR: Possession as a fact cannot be recognized at the same time in 2 different surrounding its execution or its performance are incompatible or
personalities. inconsistent w/ a sale
Exceptions:
Reason: in a contract of mortgage, the mortgagor merely subjects the
1. co-possessors (since here, there is no conflict of interest, both of them property to a lien, but the ownership & possession thereof are retained by
acting as co-owners, as in the case of property owned or possessed in him
common)
2. possession in different concepts or different degrees Co-Possession
Co-possessors of a parcel of land that is mortgaged must be made parties to
Rules/Criteria to be used in Case of Conflict or Dispute Regarding Possession foreclosure proceedings, otherwise they cannot be deprived of possession of
1. present possessor shall be preferred that portion of the land actually possessed by them
2. if both are present, the one longer in possession
3. if both began to possess at the same time, the one who presents (or has) a CHAPTER 3: EFFECTS OF POSSESSION
title

SIENNA A. FLORES
PROPERTY

Art. 539. Every possessor has a right to be respected in his possession; and should he
be disturbed therein he shall be protected in or restored to said possession by the
means established by the laws and the Rules of Court.
A possessor deprived of his possession through forcible entry may within ten
days from the filing of the complaint present a motion to secure from the competent
court, in the action for forcible entry, a writ of preliminary mandatory injunction to
restore him in his possession. The court shall decide the motion within thirty (30) days
from the filing thereof.
3 Important Things
1. right of a person to be respected in his possession (1st effect of possession)
2. protection in said right or restoration to said possession thru legal means
3. the writ of preliminary mandatory injunction
Note: an adverse possession of property by another is not an encumbrance in law, &
does not contradict the condition that property be free from encumbrance
Reason for Protection of Possession
1. possession is very similar to ownership, & as a matter of fact modifies
ownership
2. possession almost invariably gives rise to the presumption that the
possessor is the owner
Every Possessor
indicates all kinds of possession, from that of the owner to that of a mere
holder, except that w/c constitutes a crime, should be respected & protected
by the means established by law & the rules of procedure
Note: The doctrine of exhaustion of administrative remedies is inapplicable to a party
who claims the disputed land as his OWN PRIVATE property.
Reasons for Requiring Legal Means for Restoration to Possession
1. to prevent spoliation or a disregard of public order
2. to prevent deprivation of property w/o due process of law
3. to prevent a person from taking the law into his own hands
Writ of Preliminary Mandatory Injunction
GR: an injunction cannot substitute for other actions to recover possession;
this Is because in the meantime, the possessor has in his favour, the
presumption of rightful possession, at least till the case is finally decided
Exception: in case of usurpation
BUT the CC allows in the meantime the writ of preliminary mandatory
injunction because there are at present prolonged litigations between the
owner & the usurper, & the former is frequently deprived of his possession
even when he has an immediate right thereto
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PROPERTY
- !47 -
Note: The writ of preliminary mandatory injunction cannot be granted w/o notice & a
hearing where the adverse party can be held & this is true even in connection w/ the
filing of a case of forcible entry. The notice here is addressed to the defendant.
Requisites for the Issuance of the Writ
1. in forcible entry cases file w/in 10 days from the time the complaint for
forcible entry is filed
2. in unlawful detainer cases file w/in 10 days from the time the appeal is
perfected, only if
a. the lessees appeal is frivolous or dilatory
b. the lessors appeal is prima facie meritorious
Purpose of a Preliminary Mandatory Injunction
for the preservation or protection of their rights or interests
it may issue in cases of extreme urgency, where the right is very clear,
where consideration of relative inconvenience bear strongly in complainants
favour, where there is a wilful & unlawful invasion of plaintiffs right against
his protest & remonstrance, the injury being a continuing one, & where the
effect of the mandatory injunction is rather to re-establish & maintain a pre-
existing continuing relation bet. the parties, recently & arbitrarily interrupted
by the defendant, than to establish a new relation
Art. 540. Only the possession acquired and enjoyed in the concept of owner can serve
as a title for acquiring dominion.
Possession in the Concept of Owner
he may eventually become the owner by prescription
a possessor merely in the concept of holder cannot acquire prescription by
acquisitive prescription
Possession in the Concept of Holder
1. lessees or those merely permitted to occupy
2. trustees, including:
a. parents over the properties of their minor children or insane children
b. husband & wife over each others properties, as long as the marriage
lasts, & even if there be a separation of property w/c had been agreed
upon in a marriage settlement or by judicial decree
3. antichretic creditors
4. agents
5. attorneys
6. depositaries
7. co-owners (unless the co-ownership is clearly repudiated by unequivocal
acts communicated to the other co-owners)
Note: while a trust may be repudiated, this is not allowed if the beneficiary is a minor
or insane because it is hard for the latter to protect his rights
Payment of Land Taxes Usefulness
 - !48 -

while tax declarations & receipts are NOT conclusive evidence of ownership,
yet, when coupled w/ proof of actual possession, tax declarations & receipts
are strong evidence of ownership
Art. 541. A possessor in the concept of owner has in his favor the legal presumption
that he possesses with a just title and he cannot be obliged to show or prove it.
2 Requisites to Raise the Disputable Presumption of Ownership
1. one must be in possession (actual or constructive)
2. the possession must e in the concept of owner (not mere holder)
POSSESSION IS PRESUMED OWNERSHIP
Reasons for Presumption
1. presumption that one is in good faith or that one is innocent of wrong
2. inconvenience of carrying proofs of ownership around
Q: Suppose I really own & possess a piece of land. Do I have to tell everybody that I
am claiming the land as my own, i.e., do I have to show adverse possession?
A: NO. Said adverse possession is needed only if I want to acquire something by
prescription. In my case, I do not need prescription since I am already the owner of the
land.
Note: a person who is NOT in fact in possession cannot acquire a prescriptive right to
the land by mere assertion of a right therein
Art. 542. The possession of real property presumes that of the movables therein, so
long as it is not shown or proved that they should be excluded.
Applicability of Article
1. whether the possessor is in good faith or bad faith
2. whether the possession be in ones own name or in anothers
3. whether the possession be in concepto de duendo or in the concept of
holder

JUST TITLE IN POSSESSION
Just title here is presumed
Just title here means titulo verdadero y
valido (true & valid title sufficient to
transfer ownership)
JUST TITLE IN PRESCRIPTION
Just title here must be proved
Just title here means titulo
c o l o rad o ( merel y c o l o urab l e t i t l e
although there was a mode of
transferring ownership, the grantor was
NOT the owner)
Note: Rights are NOT included w/in the scope of the presumption, only real or personal
THINGS
Art. 543. Each one of the participants of a thing possessed in common shall be deemed
to have exclusively possessed the part which may be allotted to him upon the division
thereof, for the entire period during which the co-possession lasted. Interruption in the
possession of the whole or a part of a thing possessed in common shall be to the
prejudice of all the possessors. However, in case of civil interruption, the Rules of Court
shall apply.

shall be deemed does NOT establish a mere presumption; it gives a right

KINDS OF TITLES (TITULOS)
Rules to Apply to Civil Interruption
TRUE & a title w/c by itself is sufficient to transfer ownership w/o the 1. civil interruption is produced by judicial summons to the possessor
VALID necessity of letting the prescriptive period elapse 2. judicial summons shall be deemed NOT to have been issued, & shall not give
TITLE there was a mode of transferring ownership & the grantor was the rise to interruption:
owner a. if it should be void for lack of legal solemnities
b. if the plaintiff should desist from the complainant or should allow the
COLORABLE that title where, although there was a mode of transferring proceedings to lapse
TITLE ownership, still something is wrong, because the grantor is NOT c. if the possessor should be absolved from the complaint
the owner Note: in all these cases, the period of interruption shall be counted FOR the
prescription
PUTATIVE that title where although a person believes himself to be the owner,
TITLE he nonetheless is not, because there was no mode of acquiring
Art. 544. A possessor in good faith is entitled to the fruits received before the
ownership
possession is legally interrupted.
Natural and industrial fruits are considered received from the time they are
gathered or severed.
ORDINARY PRESCRIPTION EXTRAORDINARY PRESCRIPTION Civil fruits are deemed to accrue daily and belong to the possessor in good
faith in that proportion.
needs GOOD FAITH & JUST TITLE does NOT need good faith or just title

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PROPERTY
 - !49 -

Reason for the Law still applies to crops that have already been planted but are not yet manifest
Justice demands that the fruits be retained by the possessor who thought at the time there is a transfer of possession
that he was really the owner of the property, & who, because of such applies only to possessors in good faith for the possessor in bad faith has no
thought had regulated his daily life, income & expenses by virtue of such right whatsoever to fruits already gathered nor to fruits still pending, except
fruits. that in the former case (gathered fruits), he gets back the necessary
The possessor should be rewarded for having contributed to the expenses for production, gathering, & preservation of fruits
INDUSTRIAL WEALTH, unlike the owner, who by his presumed negligence,
had virtually discarded his property Sharing of Expenses & Charges
the expenses for cultivation shall also be divided pro rata
Fruits: refers to natural, industrial & civil fruits, & not to other things the better rule would be for the expenses to be borne in proportion to what
each receives from the harvest, otherwise, unjust enrichment results
Legal Interruption
Happens when a complaint is filed against him & he receives the proper Probative Effect of Fruit Gathering: does not necessarily negate ownership of the
judicial summons land in another person
All fruits accrued & received since said date must be turned over to the
winner, that is, ether the owner or the lawful possessor adjudged as such by Similar Rules
the court 1. Art. 567 in case of change of usufruct
Before legal interruption, the fruits received are his own 2. Art. 1617 in case of conventional redemption
After the receipt of the judicial summons, the right to get the fruits not yet
gathered ceases Art. 546. Necessary expenses shall be refunded to every possessor; but only the
The reason why fruits should be returned only from the TIME of legal possessor in good faith may retain the thing until he has been reimbursed therefor.
interruption is that it is ordinarily ONLY from said date that the possessor Useful expenses shall be refunded only to the possessor in good faith with the
should be considered in BAD FAITH same right of retention, the person who has defeated him in the possession having the
Possessors in bad faith are not entitled to the fruits option of refunding the amount of the expenses or of paying the increase in value
which the thing may have acquired by reason thereof.
When Natural & Industrial Fruits are Considered Received
If at the time of legal interruption, the crops are still growing, the rule on
pending crops, not that on gathered crops, should apply EXPENSES RIGHTS OF POSSESSOR
If at the time of legal interruption, the crops have already been gathered,
but are sold only after such interruption, the sale is immaterial, for the law NECESSARY EXPENSES 1. if in good faith
those w/o w/c the thing would physically refund
requires only a gathering or severance
deteriorate or be lost retain premises till paid
those made for the preservation of the 2. if in bad faith
When Civil Fruits are Deemed to Accrue
If civil fruits (e.g. rents) accrue daily, Art. 545 does not apply thing ONLY refund
Actual receipt of the rents is immaterial EXAMPLES NO right of retention
1. cultivation, production, & upkeep
2. necessary repairs for the house
Art. 545. If at the time the good faith ceases, there should be any natural or industrial
3. ordinary repairs: required by the wear &
fruits, the possessor shall have a right to a part of the expenses of cultivation, and to a
tear due to natural use of the thing &
part of the net harvest, both in proportion to the time of the possession.
are indispensable for its preservation;
The charges shall be divided on the same basis by the two possessors.
they dont increase the things value but
The owner of the thing may, should he so desire, give the possessor in good
merely prevent the things from
faith the right to finish the cultivation and gathering of the growing fruits, as an
becoming useless
indemnity for his part of the expenses of cultivation and the net proceeds; the
4. urgent repairs
possessor in good faith who for any reason whatever should refuse to accept this
concession, shall lose the right to be indemnified in any other manner.

Applicability of the Article

applies to PENDING fruits, natural or industrial

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USEFUL 1. if in good faith

adds value to the property reimbursement of either the Art. 547. If the useful improvements can be removed without damage to the principal
increases the objects productivity amount spent or the increase in thing, the possessor in good faith may remove them, unless the person who recovers
for satisfaction of spiritual/religious value, at the owners option the possession exercises the option under paragraph 2 of the preceding article.
yearnings right of retention till paid
gives rise to all kinds of fruits right of removal provided no Damage: a substantial one that reduces the value of the property
EXAMPLES substantial damage or injury is thus a slight injury curable by an ordinary repair does not defeat the right of
1. irrigation system cause to the principal, reducing removal, but the repairs should be chargeable to the possessor, for it is he
2. erection of a chapel its value who benefits by the removal & the object removed
3. making of artificial fishponds 2. if in bad faith
4. construction of addtl rooms in a house NOT ENTITLED to any right Art. 548. Expenses for pure luxury or mere pleasure shall not be refunded to the
5. clearing up land formerly thickly covered regarding the useful expenses possessor in good faith; but he may remove the ornaments with which he has
w/ trees & shrubbery embellished the principal thing if it suffers no injury thereby, and if his successor in the
possession does not prefer to refund the amount expended.
LUXURY/ORNAMENTAL 1. if in good faith Art. 549. The possessor in bad faith shall reimburse the fruits received and those which
Those w/c add value to the thing only for no right of refund/retention the legitimate possessor could have received, and shall have a right only to the
certain determinate persons in view of removal allowed if no substantial expenses mentioned in paragraph 1 of Article 546 and in Article 443. The expenses
their particular whims injury caused incurred in improvements for pure luxury or mere pleasure shall not be refunded to the
Neither essential for preservation nor owner has OPTION to allow: possessor in bad faith, but he may remove the objects for which such expenses have
useful to everybody in general - possessor to remove, or been incurred, provided that the thing suffers no injury thereby, and that the lawful
EXAMPLES - retain for himself the ornament possessor does not prefer to retain them by paying the value they may have at the
1. hand paintings on the wall of a house by refunding the amount time he enters into possession.
2. a garage made of platinum 2. if in bad faith
3. water fountain in gardens no right of refund or retention
removal allowed if no substantial RIGHTS OF A POSSESSOR (IN CONCEPT OF OWNER) REGARDING FRUITS
injury is caused
owner has OPTION to allow: GOOD Gathered/severed/harvested fruits pending or ungathered fruits (pro-
- possessor to remove, or FAITH are his own rating between possessor & owner of
- retain for himself the ornament expenses, net harvest & charges)
by refunding the value it has at
BAD Gathered fruits - must return Pending or gathered fruits no rights
the time owner enters into
FAITH value of fruits already received as at all, not even to expenses for
possession
well as value of fruits w/c the cultivation because by accession, all
The ff. are NOT Necessary Expenses owner or legitimate possessor should belong to the owner, w/o
1. those incurred for the filling up w/ soil of a vacant or deep lot could have received w/ due care indemnity
2. a house constructed on land possessed by a stranger, because the house or diligence, minus necessary
cannot be said to preserve the land expenses for cultivation, gathering
3. land taxes are not necessary expenses for the preservation of the land itself, & harvesting, to prevent the
but for its continued possession owner from being unjustly
4. unnecessary improvements on a parcel of land purchased at a sheriffs enriched
auction sale, made just to prevent redemption from taking place
Note: the possessor in bad faith is duty bound to render an accounting of the fruits
5. expenses made by the possessor not to preserve the property or to save it
received or could have been received & must pay damages amounting to a reasonable
form being lost but to enable him to use the property for his own purposes
rent for the term of his possession
Why NO RIGHT Given to Possessors in Bad Faith Regarding to Useful Expenses
1. the law omits his right to useful expenses Art. 550. The costs of litigation over the property shall be borne by every possessor.
2. the law provides that a builder in bad faith loses whatever is built w/o
payment of any indemnity

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Every Possessor: one in good faith or bad faith, in the concept of owner or holder, in
WAYS OF LOSING POSSESSION
ones own name or that of another, & not to the owner or the person adjudged by the
court to be lawfully entitled to possess 1. thru the possessors 1. abandonment.
voluntary will &
Litigation: court action intent 2. possession of another for more than 1 year

Art. 551. Improvements caused by nature or time shall always insure to the benefit of 1. possession of another for more than 1 year
the person who has succeeded in recovering possession.
2. against the 2. final judgment in favor of another w/ a better right
Neither the Possessor in Good Faith or Bad Faith is Entitled to: possessors will
1. improvements caused by NATURE 3. expropriation
2. improvements caused by TIME
4. prescription in favor of another
Reason for the Law: these accrue to the owner or legitimate possessor, so no
reimbursement occurs 5. recovery or reivindication by the legitimate owner
or possessor
Art. 552. A possessor in good faith shall not be liable for the deterioration or loss of the
thing possessed, except in cases in which it is proved that he has acted with fraudulent 1. destruction or total loss of the thing
intent or negligence, after the judicial summons. 3. because of the object
A possessor in bad faith shall be liable for deterioration or loss in every case, even if 2. going out of commerce
caused by a fortuitous event.
3. escaping from possessors control

POSSESSOR BEFORE RECEIPT OF AFTER

JUDICIAL SUMMONS JUDICIAL SUMMONS Abandonment: the voluntary renunciation of a thing

IN GOOD Not liable Not liable - Loss or deterioration thru Requisites of Abandonment
FAITH fortuitous event 1. the abandoner must have been a possessor in the concept of owner
Liable thru fraudulent intent or 2. the abandoner must have the capacity to renounce or alienate
negligence 3. there must be a physical relinquishment of the thing/object
4. there must be no more spes recuperandi( (expectation to recover) & no
IN BAD Whether before or after judicial summons, and whether due to more animus revertendi (intent to return or to get back)
FAITH fortuitous event or not, such possessor is LIABLE.
Doctrines on Abandonment
a property owner cannot be held to have abandoned the same until at least
Art. 553. One who recovers possession shall not be obliged to pay for improvements
he has some knowledge of the loss of its possession or the thing
which have ceased to exist at the time he takes possession of the thing.
there is no real intention to abandon property when, as in the case of a
Art. 554. A present possessor who shows his possession at some previous time, is
shipwreck or fire, things are thrown into the sea or upon the highway
presumed to have held possession also during the intermediate period, in the absence
an owner may abandon possession merely, leaving ownership in force, but a
of proof to the contrary.
mere possessor cannot abandon ownership since he never had the same
Art. 555. A possessor may lose his possession:
if an owner has not lost possession because there has been no
(1) By the abandonment of the thing;
abandonment, it cannot be acquired by another thru acquisitive prescription
(2) By an assignment made to another either by onerous or gratuitous title;
there is no abandonment if an owner merely tolerated anothers possession,
(3) By the destruction or total loss of the thing, or because it goes out of commerce;
nor if the latter was done by stealth, force and intimidation
(4) By the possession of another, subject to the provisions of Article 537, if the new
there is no abandonment of movables even if there is temporary ignorance
possession has lasted longer than one year. But the real right of possession is not lost
of their whereabouts, so long as they remain under the control of the
till after the lapse of ten years.
possessor
in true abandonment, both possession de facto & de jure are lost

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abandonment w/c converts the thing into res nullius does not apply to land; accordance with the provisions of the Mortgage Law and the Land Registration laws.
much less does abandonment apply to registered land Art. 558. Acts relating to possession, executed or agreed to by one who possesses a
thing belonging to another as a mere holder to enjoy or keep it, in any character, do
Assignment: the complete transmission of ownership rights to another person, not bind or prejudice the owner, unless he gave said holder express authority to do
onerously or gratuitously such acts, or ratifies them subsequently.
Art. 559. The possession of movable property acquired in good faith is equivalent to a
title. Nevertheless, one who has lost any movable or has been unlawfully deprived
ASSIGNMENT ABANDONMENT
thereof may recover it from the person in possession of the same.
At no time did the thing have a There was a time, no matter how short, when If the possessor of a movable lost or which the owner has been unlawfully deprived,
possessor the object did no have a possessor at all has acquired it in good faith at a public sale, the owner cannot obtain its return without
reimbursing the price paid therefor.

Possession of Another
if a person is not in possess for more than 1 year (but less than 10 years), WHEN POSSESSION OF A MOVABLE IS EQUIVALENT TO TITLE
he loses possession de fact
in such a case he can no longer bring an action of forcible entry or In BAD FAITH Never equivalent to title
unlawful detainer
In GOOD FAITH GR: equivalent to title
constructive possession is also lost
Exception (when not equivalent to title) when the owner had
if a person loses possession for more than 10 years, he loses possession de
LOST it or had been UNLAWFULLY DEPRIVED of it
jure, or the real right of possession
Exception to the exception: unless the possessor had acquired it
an accion publiciana or reivindicatoria is still possible unless prescription
in good faith at a public sale, where the public had properly been
has set in
notified
Destruction, Total Loss, & Withdrawal from Commerce
a thing is lost when it perishes, goes out of commerce, or disappears in such Good Faith: the possessor is of the belief that the person from whom he received the
a way that its existence is unknown or it cannot be recovered thing was its owner & could transfer valid title thereto
partial loss in general results only in the loss of possession of the part lost Title: the juridical act transferring or conferring ownership; and not a document
if by the erosive action of the sea, it is essential for a landowner to set up a
barrier or retaining wall to prevent his land from being covered by the high Lost: missed or misplaced
tide, this necessity by itself constitutes as yet no loss
Unlawfully Deprived: taken by another thru a crime such as theft, robber, estafa
Note: Art. 555 refers to both real & personal property for the law does not distinguish
Summary of Recovery or Non-Recovery Principle
Art. 556. The possession of movables is not deemed lost so long as they remain under 1. owner MAY RECOVER W/O REIMBURSEMENT
the control of the possessor, even though for the time being he may not know their a. from possessor in bad faith
whereabouts. b. from possessor in good faith (if owner had LOST the property or been
unlawfully deprived of it) (the acquisition being from a private person)
2. owner MAY REIMBURSE but should REIMBURSE
WHEN POSSESSION OF WHEN POSSESSION OF a. if possessor acquired the object in good faith at a PUBLIC SALE/
MOVABLES IS LOST MOVABLES IS NOT LOST AUCTION
3. owner CANNOT RECOVER, even if he offers to REIMBURSE (w/n the owner
if the possessor has no idea at all about when he more or less knows its general had lost or been unlawfully deprived)
the whereabouts of the movable location a. of possessor had acquired it in good faith by purchase from a
merchants store, or in fairs, or markets
He has lost juridical control The object remains w/in his patrimony b. ESTOPPEL - if owner is by his conduct precluded from denying the
sellers authority to sell

Art. 557. The possession of immovables and of real rights is not deemed lost, or
transferred for purposes of prescription to the prejudice of third persons, except in

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c. If possessor had obtained the goods because he was an innocent
purchase for value & a holder of a NEGOTIABLE document of title to the
goods
Note: The mere registration of a sale does not make the sale a PUBLIC SALE as
referred to in Art. 549, for a public sale is one where after due notice to the public,
bidders are allowed to bid for the objects they desire to purchase.
Possession of Stolen Property
It is a disputable presumption that a person found in possession of a thing
taken in doing of a recent wrongful act is the taker & doer of the whole act
The one who possesses a movable, acquired in good faith, has what is called
an equivalent of title, but this is destroyed when it is proved that said
movable belongs to somebody else who has lost it, or has been unlawfully
deprived of its possession
Purpose of Art. 559
For the purpose of facilitating transactions on movable property w/c are
usually done w/o special formalities, this article establishes not only a mere
presumption in favour of the possessor of the chattel, but an actual right,
valid against the true owner, except upon proof of loss or illegal deprivation.
How to Contest the Title of a Possessor in Good Faith
The true owner should present sufficient proof of the identity of the object
AND that he had either lost it or has been illegally deprived of it
This proof is an indispensable requisite a condition sine qua non in order
that the owner of the chattel may contest the apparent title of its possessor
W/o adequate proof of such loss or illegal deprivation, the present holder
cannot be put on his defense, even if as possessor he has no actual
propriety title to the movable property in question
Reason: Possession of them was possible only when power or force could be exercised
over them. Eliminate that control, and you can eliminate possession automatically.
Domesticated or Tamed Animals: Wild animals w/c have become tame & now
generally submit to mans control
Rules
1. the possessor does NOT lose possession of them AS LONG AS habitually
they return to the possessors premises
2. possession of them is lost if the aforementioned habit has ceased
Note: But insofar as OWNERSHIP is concerned, Art. 716 applies
Art. 561. One who recovers, according to law, possession unjustly lost, shall be
deemed for all purposes which may redound to his benefit, to have enjoyed it without
interruption.
Note: Recovery according to law does not mean taking the law into ones own hands
BUT thru the proper writs & actions or w/ the aid of competent authorities
Note: Art. 561 applies to both possessors in good & in bad faith, but only if BENEFICIAL
to them
Title VI. - USUFRUCT
CHAPTER 1: USUFRUCT IN GENERAL
Art. 562. Usufruct gives a right to enjoy the property of another with the obligation of
preserving its form and substance, unless the title constituting it or the law otherwise
provides.

Usufruct
the right to enjoy the property of another, w/ the obligation of preserving its
Rule When Possessor Has Already Become the Owner form & substance, unless the title constituting it or the law provides otherwise
Art. 559 in fact assumes that the possessor is as yet not the owner, for it is it is a real right of a temporary nature, w/c authorizes its holder to enjoy all
obvious that where the possessor has come to acquire indefeasible title, no the benefits w/c result from the normal enjoyment/exploitation of anothers
proof of loss, or illegal deprivation could avail the former owner of the property, w/ obligation to return, at the designated time, either the same
chattel thing, or in special cases, or its equivalent
He would no longer be entitled to recover it under any condition FULL OWNERSHIP = naked ownership + usufruct
NAKED OWNERSHIP = full ownership - usufruct
Art. 560. Wild animals are possessed only while they are under one's control; USUFRUCT = full ownership naked ownership
domesticated or tamed animals are considered domestic or tame if they retain the
habit of returning to the premises of the possessor. 3 Fundamental Rights Appertaining to Ownership
1. Jus dispodendi (right to dispose)
Possession of Wild Animals: Ones possession of wild animals is lost when they are 2. Jus utendi (right to use)
under ANOTHERS control or under NO ONES control (as when they have regained their 3. Jus fruendi (right to the fruits)
NATURAL FREEDOM and have become res nullius). Note: The combination of jus utendi & jus fruendi is called USUFRUCT. The remaining
right (jus dispodendi) is really the essence of NAKED OWNERSHIP.

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CHARACTERISTICS OR ELEMENTS OF USUFRUCT
ESSENTIAL: A real right (whether registered in the
- those w/o w/c it cannot be termed Registry or not) to enjoy anothers property
usufruct
It is of temporary nature or duration (not
perpetual otherwise it becomes emphyteusis)
Its purpose is to enjoy the benefits & derive
a l l a d va n t a g e s f r o m t h e o b j e c t a s a
consequence of NORMAL USE or
EXPLOITATION.
USUFRUCT
Object may be real or personal property
What can be enjoyed are ALL uses &
fruits of the property
Cannot be constituted on an easement;
but it may be constituted on the land
burdened by an easement
Usually extinguished by death of
usufructuary
EASEMENT
Involves only real property
Easement is limited t a particular use
(e.g. right of way)
M a y b e c o n s t i t u t e d i n f a v o u r, o r
burdening, a piece of land held in
usufruct
Not extinguished by the death of the
owner of the dominant estate

NATURAL: The obligation of conserving or preserving the

- that w/c ordinarily is present, but a form & substance of the thing BASIS USUFRUCT LEASE
contrary stipulation can eliminate it
because it is not essential (abnormal As to EXTENT Covers ALL fruits & uses Generally covers only a particular or
or imperfect or irregular usufruct) specific use

ACCIDENTAL: Examples: As to NATURE Is always a REAL right GR: it is a PERSONAL right

- those w/c may be present or - whether it be a pure or conditional usufruct of the right Exceptions (when it is a real right):
absent depending upon the - the number of years it will exist - the lease is registered
stipulation of the parties - whether it is in favor of 1 person or several - the lease is for more than 1 year

As to the Can be created only by the The lessor may or may not be the
Reasons for CONSERVING Form & Substance C R E AT O R o f o w n e r, o r b y a d u l y owner (as when there is a sublease
1. to prevent extraordinary exploitation the right authorized agent, acting in or when the lessor is only a
2. to prevent abuse, w/c is frequent behalf of the owner usufructuary)
3. to prevent impairment
As to ORIGIN May be created by law, GR: created only by CONTRACT
Object of Usufruct contract, last will, or Exception:
1. may be real or personal property prescription - by law, as in the case of an implied
2. may be sterile or productive/fruitful things new lease, or when a builder has
3. may be created over a right, as long as it is not strictly personal or built in good faith on the land of
intransmissible, & as long as it has an independent existence another a building, is considerably
worth more in value than the
Rights of Action Available to Usufructuary building
1. action to protect the usufruct itself
2. action to protect the exercise of the usufruct As to CAUSE The owner is more or less The owner or lessor is more or less
PASSIVE, & he ALLOWS the ACTIVE & he MAKES the lessee enjoy
Similarities between Usufruct & Servitudes usufructuary to enjoy the hace gozar
1. both are real rights, whether registered or not thing given in usufruct
2. both rights may be registered, provided that the usufruct involves real deja gozar
property
3. both may ordinarily be alienated or transmitted in accordance w/ the As to REPAIRS The usufructuary has the The lessee generally has no duty to
formalities set by law duty to make the ordinary pay for repairs
repairs

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PROPERTY
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Involved
As to TAXES The usufructuary pays for The lessee generally pays no taxes Usufruct over - Normal/Perfect/Regular: involves non-
the annual charges & taxes Things consumable things where the form & substance
on the fruits are preserved
- Abnormal/Imperfect/Irregular/Quasi Usufruct:
As to other A usufructuary may lease The lessee cannot constitute a involves consumable property (e.g. vinegar or
things the property itself to usufruct on the property leased money)
another non-consumable things that gradually
deteriorate by use (e.g. furniture, automobile,
sterile or unproductive animals)
Art. 563. Usufruct is constituted by law, by the will of private persons expressed in acts
inter vivos or in a last will and testament, and by prescription. As to Pure usufruct No term or condition
Art. 564. Usufruct may be constituted on the whole or a part of the fruits of the thing, TERMS or
in favor of one more persons, simultaneously or successively, and in every case from or CONDITION w/ a term or - ex die: from a certain day
to a certain day, purely or conditionally. It may also be constituted on a right, provided S period - in diem: up to a certain day
it is not strictly personal or intransmissible. - ex die in diem: fr. a certain day up to a certain
CLASSIFICATION OF USUFRUCT day

As to ORIGIN Legal - created by law w/ a condition Conditional

Voluntary/ - created by will of the parties inter vivos

Art. 565. The rights and obligations of the usufructuary shall be those provided in the
Conventional - created mortis causa: last will & testament
title constituting the usufruct; in default of such title, or in case it is deficient, the
Mixed/ - created by law provisions contained in the two following Chapters shall be observed.
Prescriptive - created by act of a person
Rules Governing a Usufruct
As to As to fruits - Total: all the fruits are given 1. the agreement of the parties or the title giving the usufruct
QUANTITY - Partial: not all fruits are given 2. in case of deficiency, apply the Civil Code
or EXTENT
As to object - Universal: if over the entire patrimony Rule in Case of Conflict
- Particular: if only individual things are included in case of conflict bet. the rights granted a usufructuary by virtue of a will, &
codal provisions, the former, unless repugnant to the mandatory provisions
As to the Simple - if only one usufructuary enjoy of the Civil Code, should prevail.
NUMBER of
PERSONS Naked Ownership of an Ecclesiastical Body
enjoying Multiple - if several usufructuaries enjoy the naked ownership to a chaplaincy belongs to the proper ecclesiastical
the right Simultaneous: at the same time
authority w/in whose jurisdiction such properties are found
Successive: one after the other

As to the Usufruct over The right must not be strictly personal or CHAPTER 2: RIGHTS OF THE USUFRUCTUARY
QUALITY or Rights intransmissible in character. Hence, the right to Art. 566. The usufructuary shall be entitled to all the natural, industrial and civil fruits
KIND of receive present or future support cannot be the of the property in usufruct. With respect to hidden treasure which may be found on the
OBJECTS object of a usufruct. land or tenement, he shall be considered a stranger.
Involved
Fruits to which a Usufructuary is Entitled: natural, industrial & civil fruits that will
accrue during the existence of the usufruct

Dividend
income or civil fruits & should belong to the usufructuary & not to the
remainderman (naked owner)

SIENNA A. FLORES
PROPERTY

dividends are declared out of the capital & are seriously prohibited by law
stock dividends may be sold independently of the original shares
Products w/c Diminish Capital: cannot be considered fruits, unless a contrary intent
between the parties is clear
Share of Usufructuary Re: Hidden Treasure
the usufructuary, not being the landowner, is not entitled as owner, but is
entitled as finder (to of the treasure, as a rule, unless there is a contrary
agreement), if he really is the finder
if somebody else is the finder, the usufructuary gets nothing
Art. 567. Natural or industrial fruits growing at the time the usufruct begins, belong to
the usufructuary.
Those growing at the time the usufruct terminates, belong to the owner.
In the preceding cases, the usufructuary, at the beginning of the usufruct, has no
obligation to refund to the owner any expenses incurred; but the owner shall be obliged
to reimburse at the termination of the usufruct, from the proceeds of the growing
fruits, the ordinary expenses of cultivation, for seed, and other similar expenses
incurred by the usufructuary.
The provisions of this article shall not prejudice the rights of third persons, acquired
either at the beginning or at the termination of the usufruct.
Fruits Pending at the Fruits Pending at the
BEGINNING of the Usufruct TERMINATION of the Usufruct
belong to the usufructuary belong to the owner
no necessity of refunding owner must reimburse the usufructuary for ordinary
owner for expenses incurred cultivation expenses, from the proceeds of the
fruits
rights of innocent 3rd parties should not be prejudiced
Art. 568. If the usufructuary has leased the lands or tenements given in usufruct, & the
usufruct should expire before the termination of the lease, he or his heirs & successors
shall receive only the proportionate share of the rent that must be paid by the lessee.
Usufructuary
allowed to administer & manage the property, to collect rents & make the
necessary repairs
has the right to select the tenant over the premises
GR: the lease executed by the usufructuary should terminate at the end of the usufruct
or earlier
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PROPERTY
- !56 -
Exception: in the case of leases of rural lands, if the usufruct ends earlier than the
lease, the lease continues for the remainder of the agricultural year
Art. 569. Civil fruits are deemed to accrue daily, and belong to the usufructuary in
proportion to the time the usufruct may last.
Art. 570. Whenever a usufruct is constituted on the right to receive a rent or periodical
pension, whether in money or in fruits, or in the interest on bonds or securities payable
to bearer, each payment due shall be considered as the proceeds or fruits of such right.
Whenever it consists in the enjoyment of benefits accruing from a participation in any
industrial or commercial enterprise, the date of the distribution of which is not fixed,
such benefits shall have the same character.
In either case they shall be distributed as civil fruits, and shall be applied in the manner
prescribed in the preceding article.
Rule When Date of Distribution of Benefits Fixed
Art. 570 applies whether or not the date of distribution is fixed
The law doesnt mention anymore the case when the date is fixed because
this is the usual state of things, & rule under Art. 570 clearly applies
Note: Stock dividends & cash dividends are civil fruits. Hence, the same rule should
apply to profits of a partnership.
Art. 571. The usufructuary shall have the right to enjoy any increase which the thing in
usufruct may acquire through accession, the servitudes established in its favor, and, in
general, all the benefits inherent therein.
Increases in the Thing Held in Usufruct
1. accessions (artificial or natural)
2. servitudes & easements
3. all benefits inherent in the property
Reason: The Usufructuary is Entitled to:
1. ENTIRE jus fruendi
2. ENTIRE jus utendi
Art. 572. The usufructuary may personally enjoy the thing in usufruct, lease it to
another, or alienate his right of usufruct, even by a gratuitous title; but all the contracts
he may enter into as such usufructuary shall terminate upon the expiration of the
usufruct, saving leases of rural lands, which shall be considered as subsisting during
the agricultural year.
Note: The usufructuary is entitled not only to collect the rent or income, but also to
lease the property in favour of another. This right also carries w/ it the right to select
and oust tenants for contractual violations.
 - !57 -

If these fast deteriorating - the usufructuary is NOT responsible

things deteriorate because - hence he can return them in the condition they might
RIGHTS W/ REFERENCE TO THE THING RIGHTS W/ REFERENCE TO THE of NORMAL USE be in at the termination of the usufruct
ITSELF IN ADDITION TO THE USUFRUCT USUFRUCTUARY RIGHT ITSELF - there is no necessity for him to make any repairs to
restore them to their former condition for they can be
1. may personally enjoy the thing 1.may alienate (sell, donate, preserved w/o the necessity of repairs
- entitled to possession & fruits bequeath or devise) the - failure to return the thing will result in indemnification
- the enjoyment may also be thru another usufructuary right for the value the object may have at the end of the
unless the contrary has been provided or - except a legal usufruct: the usufruct
stipulated usufruct w/c parents have over
2. may lease the thing to another the properties of their If these fast deteriorating - even though there were no fault or negligence or
- may be done even w/o owners consent unemancipated children, because things deteriorate because fraud on the part of the usufructuary, he is still
- the least must not extend to a period said usufruct is to be used for of an EVENT or ACT that required to make necessary ordinary repairs
longer than that of the usufruct, unless c e r t a i n o b l i g a t i o n s t o wa r d s ENDANGERS THEIR - mere deterioration thru normal use does not require
the owner consents children PRESERVATION ordinary repairs
- the lease ends at the time the usufruct 2. may pledge or mortgage the
ends, except in the case of rural leases usufructuary right If these fast deteriorating - the usufructuary is responsible
- if the lessee should damage the property, - BUT he cannot pledge or things deteriorate because - but such liability may be set off against
the usufructuary shall answer to the mortgage the thing itself of FRAUD (fraud improvements
owner - He cannot sell or alienate the amounting to an evasion
- the relation bet. the owner & usufructuary thing itself, or future crops, for of the obligation to
does not end just because a lease has crops pending at the termination preserve) or
been made of the usufruct belong to the NEGLIGENCE
- the usufructuary can demand naked owner
reimbursement from the lessee, cause of - Parental usufruct cannot be
Art. 574. Whenever the usufruct includes things which cannot be used without being
the latters breach of the contract of lease alienated or pledged or
consumed, the usufructuary shall have the right to make use of them under the
- if the usufructuary cannot pay the mortgaged
obligation of paying their appraised value at the termination of the usufruct, if they
damage to the naked owner, his bond
were appraised when delivered. In case they were not appraised, he shall have the
shall be liable.
right to return at the same quantity and quality, or pay their current price at the time
the usufruct ceases.
Art. 573. Whenever the usufruct includes things which, without being consumed,
gradually deteriorate through wear and tear, the usufructuary shall have the right to Rules for this Quasi-Usufruct
make use thereof in accordance with the purpose for which they are intended, and shall 1. the usufructuary (debtor-borrower) can use them (as if he is the owner, w/
not be obliged to return them at the termination of the usufruct except in their complete right of pledge or alienation)
condition at that time; but he shall be obliged to indemnify the owner for any 2. BUT at the end of the usufruct, he must:
deterioration they may have suffered by reason of his fraud or negligence. a. Pay the appraised value, if appraised when 1st delivered
b. If there was no appraisal, return same kind, quality, & quantity OR
Abnormal/Imperfect Usufruct on Things that Deteriorate: It is true that ALL pay the price current at the termination of the usufruct
things deteriorate, but there are some things that deteriorate much faster than others.
Art. 575. The usufructuary of fruit-bearing trees and shrubs may make use of the dead
trunks, and even of those cut off or uprooted by accident, under the obligation to
CAUSE EFFECT replace them with new plants.

The Usufructuary can use the following:

1. dead trunks
2. those cut off or uprooted by accident
Note: but he must replace them w/ new plants

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PROPERTY
 - !58 -

Special Usufructs Obligations of the Usufructuary

1. usufruct on fruit-bearing trees & shrubs 1. he must bear in mind that he is not the owner, & therefore, in the exercise
2. of periodical pension, income, dividends of the diligence in caring for the property, he must see to it that the
3. of woodland woodland is preserved, either by development or by replanting, thus he
4. of right of action to recover real property, real right or movable property cannot consume all, otherwise nothing would be left for the owner
5. of part of property owned in common 2. in the cutting or felling of trees, he must:
6. of the entire patrimony of a person a. follow the owners habit or practices
7. on a mortgaged immovable b. in default thereof, follow the customs of the place (as to the
8. on a flock or herd of livestock manner, amount, and season) all w/o prejudice to the owner, for
while he can use, he cannot abuse
Art. 576. If in consequence of a calamity or extraordinary event, the trees or shrubs i. this rule is applicable if the woodland:
shall have disappeared in such considerable number that it would not be possible or it - is a copse (thicket of small trees)
would be too burdensome to replace them, the usufructuary may leave the dead, fallen - or consists of timber for building
or uprooted trunks at the disposal of the owner, and demand that the latter remove c. if there can be no customs, the only time the usufructuary can CUT
them and clear the land. DOWN trees will be for repair or improvements, but here the owner
must 1st be informed
Q: A is a usufructuary of trees & shrubs belonging to B. As a result of an earthquake, 3. cannot alienate the trees unless:
many of the trees & shrubs disappeared or were destroyed. What are As rights and a. he is permitted, expressly or impliedly by the owner (as when the
obligations? purpose of the usufruct was really to sell the timber) or
A: If it is impossible or too burdensome to replace them, the usufructuary has the b. he needs the money to do some repairs (but the owner must be
option to either: informed)
a. use the trunks but should replace them
b. leave the dead, fallen or uprooted trunks at the owners disposal & demand WOODLAND COCONUT LAND
that the latter remove them & clear the land
The usufructuary can in certain cases cut down The usufruct extends merely to
If it is slightly burdensome to replace them, the usufructuary: the trees because the way to enjoy the usufruct the fruits produced.
c. must replace them (w/n he uses the dead trunks) would be to convert the timber into lumber.
d. cannot demand clearance of the land by the owner

Art. 577. The usufructuary of woodland may enjoy all the benefits which it may Art. 578. The usufructuary of an action to recover real property or a real right, or any
produce according to its nature. movable property, has the right to bring the action and to oblige the owner thereof to
If the woodland is a copse or consists of timber for building, the usufructuary may do give him the authority for this purpose and to furnish him whatever proof he may have.
such ordinary cutting or felling as the owner was in the habit of doing, and in default of If in consequence of the enforcement of the action he acquires the thing claimed, the
this, he may do so in accordance with the custom of the place, as to the manner, usufruct shall be limited to the fruits, the dominion remaining with the owner.
amount and season.
In any case the felling or cutting of trees shall be made in such manner as not to Usufruct of an Action to Recover Through the Courts
prejudice the preservation of the land. 1. real property
In nurseries, the usufructuary may make the necessary thinnings in order that the 2. personal property
remaining trees may properly grow. 3. real right over real or personal property
With the exception of the provisions of the preceding paragraphs, the usufructuary Note: in a sense, this is a usufruct over an expectancy or a hope.
cannot cut down trees unless it be to restore or improve some of the things in usufruct,
and in such case shall first inform the owner of the necessity for the work. What the Usufructuary can Demand from the Owner:
1. authority to bring the action (usually an SPA)
A Special Usufruct over Woodland is not a Common/Frequent Usufruct 2. proofs needed for a recovery
Because:
1. natural resources belong to the State How 3rd Parties Can be Prejudiced: the usufruct must either be registered or known
2. a license is generally essential if one desires to gather forest products to them

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PROPERTY
 - !59 -

Institution of the Action: the action may be instituted in the usufructuarys name, Q: A usufructuary introduced useful improvements w/c he can remove w/o damage,
for being the owner of the usufruct, he is property deemed a real party in interest but he does not want to remove them. Can he be compelled by the naked owner to
1. if the purpose is the recovery of the property or right, he is still required make the removal?
under Art. 578 to obtain the naked owners authority A: NO, for the law says may & therefore he may or may not remove, the right being
2. if the purpose is to object or to prevent disturbance over the property, no potestative dependent on his will.
special authority from the naked owner is needed
Q: A usufructuary introduced useful improvements w/c he can remove w/o damage. Eh
Effect of Judgment: when judgment is awarded him & he gets the property: wants to remove them, but the owner wants to retain them, & offers to reimburse him.
1. its naked ownership belongs to the owner Who should prevail?
2. its usufruct belongs to the him, the usufructuary A: The usufructuary prevails for the right of removal granted him by the law. The rule
Note: this usufruct usually occurs when a universal usufruct has been given here is different from that in Arts. 546 and 548, where the right to remove may be
defeated by the right of the owner to retain, upon proper indemnification.
Note: after successful suit, the usufruct is now over the thing acquired
Art. 580. The usufructuary may set off the improvements he may have made on the
Art. 579. The usufructuary may make on the property held in usufruct such useful property against any damage to the same.
improvements or expenses for mere pleasure as he may deem proper, provided he
does not alter its form or substance; but he shall have no right to be indemnified Rules re: Set Off of Improvements
therefor. He may, however, remove such improvements, should it be possible to do so 1. damage > value of the improvements
without damage to the property. a. usufructuary is still liable for the difference
2. value of improvements > damage
Rights of the Usufructuary a. the difference does not go to the usufructuary, but accrues instead
1. to make useful improvements in the absence of a contrary stipulation in favour of the naked
2. to make luxurious improvements (for mere pleasure) owner, otherwise, it is as if the usufructuary would be entitled to a
partial refund in cash
Limitations on the Rights
1. he must not alter the form or substance of the property held in usufruct Requisites Before Set Off Can be Made
2. he is not entitled to a refund, but he may either: 1. the damage must have been caused by the usufructuary
a. remove the improvements if no substantial damage to the property in 2. the improvements must have augmented the value of the property
usufruct is caused
b. set off (compensate) the improvements against damages for w/c he Art. 581. The owner of property the usufruct of which is held by another, may alienate
may be liable it, but he cannot alter its form or substance, or do anything thereon which may be
prejudicial to the usufructuary.
Registration of Improvements
improvements made by a usufructuary belong to him, & may be registered, Rights of the Naked Owner
not independently, but in the registration proceedings of the land held in 1. to alienate the property, but he cannot:
usufruct a. alter its form or substance
b. do anything prejudicial to the usufructuary (as when he should
Purpose of Registration illegally lease the property to another, since this right ordinarily
to protect him against 3rd persons, for while he cannot obtain a refund pertains to the usufructuary
therefore he still may remove them or set them off against damages 2. construct any works
chargeable to him 3. make any improvements
if the property is sold to an innocent purchaser for value, the right to 4. make new plantings thereon if it be rural, but such acts must not cause:
remove the useful improvement since not registered cannot be enforced a. a decrease in the value of the usufruct
against said 3rd person b. prejudice the right of the usufructuary

Note: while a possessor in good faith is entitled to a refund for said useful When Buyer Must be Respect the Usufruct
improvements, a usufructuary is not

SIENNA A. FLORES
PROPERTY
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a purchaser of the property must respect the usufruct in case it is registered (1) To make, after notice to the owner or his legitimate representative, an inventory of
or known to him, otherwise he can oust the usufructuary, who then can look all the property, which shall contain an appraisal of the movables and a description of
to the naked owner for damages the condition of the immovables;
(2) To give security, binding himself to fulfil the obligations imposed upon him in
Rule in Case of Succession accordance with this Chapter.
if the naked owner bequeathes (if personal property) or devises (if real
property) to another thru a will, the legatee or devisee should respect the Obligation Re: the Inventory & the Security
usufruct they are not necessary before the right to the usufruct begins
the are merely necessary before physical possession & enjoyment of the
Double Sale by Naked Owner property can be had
GR: the naked owner is not allowed to sell the usufruct to anther after
having sold it 1st to the usufructuary, but if he does so, the rule on double Effect of Failure to Make Inventory or Give Security
sale applies the usufruct still begins, but he naked owner will have the rights granted
If the 2nd buyer in GF registers the usufruct, he can oust the 1st buyer who him under Art. 586
did not register, even though the latter be in possession
The right of the 1st usufructuary is to proceed against the naked owner for Requirements for the Making of the Inventory
breach of the warranty against eviction 1. the owner must be previously notified
a. purpose of notice: to enable him to correct errors in the inventory,
Art. 582. The usufructuary of a part of a thing held in common shall exercise all the if he desires
rights pertaining to the owner thereof with respect to the administration and the 2. the condition of the immovables must be described
collection of fruits or interest. Should the co-ownership cease by reason of the division 3. the movables must be appraised, in view of easy deterioration or loss
of the thing held in common, the usufruct of the part allotted to the co-owner shall 4. no form is required except when there are real properties, Art. 1358
belong to the usufructuary. demands a public instrument to affect 3rd parties
5. expenses are to be borne by the usufructuary, since the duty is his
Usufructuary of a Part of Common Property
a co-owner may give the usufruct of his share to another, even w/o the When Inventory NOT Required
consent of the others, unless personal considerations are present 1. when no one will be injured thereby (e.g. usufruct over a periodical pension
the usufructuary in such a case takes the owners place as to: or incorporeal right) provided the naked owner consents, for the law says
o administration/management may
o collection of fruits or interests 2. in case of waiver by the naked owner or the law
3. when there is a stipulation in a will or contract
Effect of Partition
1. the usufructuary continues to have the usufruct of the part allotted to the Purpose of Giving Security: to insure faithful compliance of the duties of the
co-owner concerned usufructuary (whether required during or at end of the usufruct e.g. the duty to
2. if the co-owners make the partition w/o the intervention of the usufructuary, return)
this is all right, & the partition binds said usufructuary
Form of Security: any kind of sufficient security should be allowed, such as:
CHAPTER 3: OBLIGATIONS OF THE USUFRUCTUARY 1. cash
2. personal bond
The Usufructuary has Obligations: 3. mortgage
1. before the usufruct (e.g. the making of inventory) When Security NOT Required
2. during the usufruct (e.g. taking due care of property) 1. when no one will be injured thereby (no prejudice)
3. after the usufruct (e.g. duty to return & indemnify in the proper cases) 2. when there is a waiver by the naked owner
3. when there is a stipulation either in a will or contract
4. when the usufructuary is the donor the property (who has reserved the
Art. 583. The usufructuary, before entering upon the enjoyment of the property, is
usufruct)
obliged:
5. when there is a parental usufruct in case of parents who are
usufructuaries of their childrens property, except when the parts contract a

SIENNA A. FLORES
PROPERTY
 - !61 -

2nd or subsequent marriage, provided that each childs property does not
exceed P50K in w/c case the parents have to file a bond not as usufructuary,
EFFECTS OF FAILURE TO GIVE SECURITY (UNLESS EXEMPTED)
but as guardian or administrator
6. when there is caucion juratoria - w/c takes place of a bond, & is made by ON THE RIGHTS OF THE ON THE RIGHTS OF THE
taking an oath to fulfill properly the duties of a usufructuary (this is NAKED OWNER USUFRUCTUARY
available only under the conditions prescribed under Art. 587)
1. he may deliver the property to 1. the usufructuary cannot possess the
Art. 584. The provisions of No. 2 of the preceding article shall not apply to the donor the usufructuary property till he gives the security
who has reserved the usufruct of the property donated, or to the parents who are 2. OR the naked owner may choose 2. the usufructuary cannot administer the
usufructuaries of their children's property, except when the parents contract a second retention of the property as property, hence he cannot execute a
marriage. administrator lease thereon
3. OR the naked owner may demand 3. the usufructuary cannot collect credits
Usufruct of Donor or of Parents receivership or administration by that have matured, nor invest them
the law says donor, not seller, for sale is an onerous contract another of the real property, sale unless the Court or the naked owner
while the law says donor, the word remitter can also be used, for of movable, conversion or deposit consents
remission is gratuitous of credit instruments, or 4. but the usufructuary can alienate his
the formalities of donation or remission must be complied w/ investment of cash or profits right to the usufruct; the grantee may
2nd marriage may be 3rd, 4th, etc, or any subsequent marriage of course possess the moment he gives
In case of remuneratory (w/ future burden) donation, the parties may security
stipulate on the necessity of the security
Note: the receiver/ administrator s entitled to administration expenses
Art. 585. The usufructuary, whatever may be the title of the usufruct, may be excused
from the obligation of making an inventory or of giving security, when no one will be Retention of Property by Naked Owner
injured thereby. although the owner may demand the sale of movables, still he may want to
retain some of them for their artistic worth or sentimental value, in w/c case
Effect if No One Will be Injured he may demand their delivery to him provided he gives security for the
The usufructuary is not always excused, the exemption being dependent on payment of legal interest on their appraised value
the naked owner.
In case the naked owner refuses to make the exemption, appeal can be had Interest on Cash Proceeds of Sale
before the courts, and the judge should consider all the circumstances in if the movable be sold, the cash belongs to the naked owner, but the
deciding w/n to give the grant. interest thereon belongs to the usufructuary
While ordinarily, it is the naked owner who grants the exemption, the grant
may be made by somebody else authorized by said naked owner. Art. 587. If the usufructuary who has not given security claims, by virtue of a promise
under oath, the delivery of the furniture necessary for his use, and that he and his
Art. 586. Should the usufructuary fail to give security in the cases in which he is bound family be allowed to live in a house included in the usufruct, the court may grant this
to give it, the owner may demand that the immovables be placed under administration, petition, after due consideration of the facts of the case.
that the movables be sold, that the public bonds, instruments of credit payable to order The same rule shall be observed with respect to implements, tools and other
or to bearer be converted into registered certificates or deposited in a bank or public movable property necessary for an industry or vocation in which he is engaged.
institution, and that the capital or sums in cash and the proceeds of the sale of the If the owner does not wish that certain articles be sold because of their artistic worth or
movable property be invested in safe securities. because they have a sentimental value, he may demand their delivery to him upon his
The interest on the proceeds of the sale of the movables and that on public giving security for the payment of the legal interest on their appraised value.
securities and bonds, and the proceeds of the property placed under administration,
shall belong to the usufructuary. Caucion Juratoria
Furthermore, the owner may, if he so prefers, until the usufructuary gives the promise under oath
security or is excused from so doing, retain in his possession the property in usufruct a sworn duty to take good care of the property & return same at the end of
as administrator, subject to the obligation to deliver to the usufructuary the net the usufruct
proceeds thereof, after deducting the sums which may be agreed upon or judicially
allowed him for such administration.

SIENNA A. FLORES
PROPERTY
 - !62 -

it takes the place of the bond or security and is based on necessity & Art. 590. A usufructuary who alienates or leases his right of usufruct shall answer for
humanity any damage which the things in usufruct may suffer through the fault or negligence of
the person who substitutes him.

Requisites Before the Caucion Juratoria is Allowed Liability of Usufructuary for Acts of the Substitute
1. proper court petition the usufructuary is made liable for the acts of the substitute
2. necessity for delivery of furniture, implements or house included in the while the substitute answer to the usufructuary, the usufructuary answers to
usufruct the naked owner
3. approval of the court even when there is a sub-usufructuary, it is still the usufructuary who
4. sworn promise answers to the naked owner for ordinary repairs, taxes on the fruits, etc.
Art. 591. If the usufruct be constituted on a flock or herd of livestock, the usufructuary
Restriction on Usufructuary
shall be obliged to replace with the young thereof the animals that die each year from
he cannot alienate or lease the property for this means he does not need
natural causes, or are lost due to the rapacity of beasts of prey.
them
If the animals on which the usufruct is constituted should all perish, without
the fault of the usufructuary, on account of some contagious disease or any other
Rule in Case Usufructuary is Exempted from the Duty to Give Security
uncommon event, the usufructuary shall fulfil his obligation by delivering to the owner
Art. 487 does NOT apply when the usufructuary is exempted from giving
the remains which may have been saved from the misfortune.
security. It applies only if he is required but cannot afford to give security.
Should the herd or flock perish in part, also by accident and without the fault
of the usufructuary, the usufruct shall continue on the part saved.
Art. 588. After the security has been given by the usufructuary, he shall have a right to Should the usufruct be on sterile animals, it shall be considered, with respect
all the proceeds and benefits from the day on which, in accordance with the title to its effects, as though constituted on fungible things.
constituting the usufruct, he should have commenced to receive them.
Note: this article applies only when the usufruct is on a FLOCK and HERD of livestock
Note: Notice that once the bond is given, there is retroactivity. (not 2 or 3 animals merely)

Art. 589. The usufructuary shall take care of the things given in usufruct as a good
father of a family. RULES IN CASE OF FRUITFUL OR PRODUCTIVE LIVESTOCK

WHEN THERE IS WHEN THERE IS

Duty of Usufructuary to Take Care of Property OBLIGATION TO REPLACE NO OBLIGATION TO REPLACE
Although care of a pater familias is required, still a usufruct is not
extinguished by bad use
Bad use, if owner suffers considerable injury, entitles him to demand its
administration w/o prejudice to the usufruct
In the exercise of prudent care, the usufructuary is required to:
1. make ordinary repairs
2. to notify the naked owner of urgency of extraordinary repairs & of any
acts w/c may prove detrimental to ownership
3. answer for damages caused by the fault or negligence of his alienee,
grantee, agent, or lessee

Rule When Property has been Damaged

damage to property caused by the fault or negligence of the usufructuary is
demandable right away
the naked owner need not wait for the end of the usufruct before binging
the proper action for indemnity

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PROPERTY
 - !63 -

1. if some animals die from
natural causes
2. if some animals are lost due
to rapacity of beasts of prey
Notes:
- even though the cause be
fortuitous, there is the duty to
replace because such loss is
more or less expected & is
natural
- replacement should be made
from the young produced
- although the law says each
year, this doesnt necessarily
mean that the computation
will have to be done yearly
1. if there is a total loss of animals because
some unexpected or unnatural loss (e.g.
some contagious disease or any other
uncommon event, provided the usufructuary
has no fault)
2. if there is a partial loss under the same
conditions
Notes:
- since there is no obligation to replace, it
follows that even if all should perish, the
remains (bones, carcass) must be delivered
- the remains, not the remainder, must be
given to the naked owner
- in case of partial loss, the usufruct continues
on the remainder, provided that the loss be
by accident & w/o the fault of the
usufructuary
Art. 593. Extraordinary repairs shall be at the expense of the owner. The usufructuary
is obliged to notify the owner when the need for such repairs is urgent.
Art. 594. If the owner should make the extraordinary repairs, he shall have a right to
demand of the usufructuary the legal interest on the amount expended for the time
that the usufruct lasts.
Should he not make them when they are indispensable for the preservation of
the thing, the usufructuary may make them; but he shall have a right to demand of the
owner, at the termination of the usufruct, the increase in value which the immovable
may have acquired by reason of the repairs.
KINDS OF EXTRAORDINARY WHO SHOULD PAY?
REPAIRS
1. those caused by natural use, The naked owner, w/n he is notified by the
but not needed for usufructuary
preservation - the law does not require the naked owner to
make them, nor can he be compelled by the
usufructuary to make them

2. those caused by abnormal or The naked owner, w/n he is notified

Note: in case of sterile animals where there are no youngs, the rule of usufruct over
exceptional circumstances & - he cannot again be compelled by the
fungibles applies
needed for preservation usufructuary to make them
- but here, the usufructuary is allowed to
Art. 592. The usufructuary is obliged to make the ordinary repairs needed by the thing make them, w/ the right t get the increase in
given in usufruct. value & the right of retention till paid at the
By ordinary repairs are understood such as are required by the wear and tear termination of the usufruct, provided that
due to the natural use of the thing and are indispensable for its preservation. Should there was no notification by the
the usufructuary fail to make them after demand by the owner, the latter may make usufrucutary, & failure to repair by the naked
them at the expense of the usufructuary. owner

Requisites for Usufructuary to be Responsible for Ordinary Repairs 3. those caused by abnormal or The naked owner, w/n he is notified
1. they are required by normal or natural use exceptional circumstance but - the usufructuary cannot compel the naked
2. they are needed for preservation are NOT needed for owner to make them, nor is the usufructuary
3. they must have occurred during the usufruct preservation allowed to make them, even if the naked
4. they must have happened w/ or w/o the fault of the usufructuary owner has failed to make them
Q: Can the usufructuary exempt himself from the duty to make or pay for the - reason: there is no necessity for preservation
necessary repairs by renouncing the usufruct? here
A: If he had NO fault yes, but he must surrender the fruits received.
If he was at FAULT no. he would still be liable for damages
Note: if the naked owner makes the extraordinary repairs, he can demand from the
Remedy if Usufructuary does not make the Necessary Repairs usufructuary the legal interest on the amount for the duration of the usufruct
the owner may make them, personally or thru another, at the expense of Reason: the usufructuary has really benefited, otherwise the thing may not be properly
the usufructuary used

Ordinary Repairs those required by the wear and tear due to the natural use of Requisites Before Usufructuary is Allowed to Make Extraordinary Repairs
the thing & are indispensable for its preservation 1. due notification to naked owner of urgency
2. the naked owner failed to make them
3. the repair is needed for preservation

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PROPERTY
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Art. 597. The taxes which, during the usufruct, may be imposed directly on the capital,
Right of Usufructuary who has made Extraordinary Repairs shall be at the expense of the owner.
1. get increase in value (plus value) OR get reimbursement for expenses (to If the latter has paid them, the usufructuary shall pay him the proper interest on the
compute increase in value, get the difference bet. the value before and the sums which may have been paid in that character; and, if the said sums have been
value after the repairs) advanced by the usufructuary, he shall recover the amount thereof at the termination
2. right of retention till paid (reimbursement is to be made only at the end of of the usufruct.
the usufruct)
Note: the naked owner pays for taxes imposed directly the capital, provided they are
Art. 595. The owner may construct any works and make any improvements of which not annual
the immovable in usufruct is susceptible, or make new plantings thereon if it be rural,
provided that such acts do not cause a diminution in the value of the usufruct or Rules:
prejudice the right of the usufructuary. 1. if paid by naked owner, he can demand legal interest on the sum paid
because the usufructuary is enjoying the property
Although the Property is in the Possession of the Usufructuary, the Naked 2. if advanced in the meantime by the usufructuary
Owner May Still: a. he should be reimbursed the amount paid w/o legal interest
1. construct works b. he is entitled to retention until paid
2. make improvements
3. make new plantings, if rural Note: reimbursement should be made, not immediately after advancing, but only the
TERMINATION of the usufruct, provided advance had been made voluntarily. If the
Conditions usufructuary had been forced to pay, reimbursement, w/ damages, should be made
1. the value of the usufruct is not diminished immediately thereafter.
2. the right of the usufructuary is not prejudiced
Art. 598. If the usufruct be constituted on the whole of a patrimony, and if at the time
Effect of Increase in the Value of the Usufruct of its constitution the owner has debts, the provisions of Articles 758 and 759 relating
1. the usufructuary profits by said increase, for he will still be entitled to the to donations shall be applied, both with respect to the maintenance of the usufruct and
use & fruits thereof to the obligation of the usufructuary to pay such debts.
2. the usufructuary does not have to pay legal interest on the improvement The same rule shall be applied in case the owner is obliged, at the time the usufruct is
because this was a voluntary act of the naked owner constituted, to make periodical payments, even if there should be no known capital.

Art. 596. The payment of annual charges and taxes and of those considered as a lien When Usufructuary has to Pay for the Debts of the Naked Owner
on the fruits, shall be at the expense of the usufructuary for all the time that the 1. when there is no stipulation regarding the payment for debts the donee
usufruct lasts. shall be responsible therefore only when the donation has been made in
fraud of creditors
The Usufructuary Should Pay For a. the donation is always presumed to be in fraud of creditors, when
1. the annual charges on the fruits at the time thereof, the donor did not reserve sufficient property to
2. the annual taxes on the fruits pay his debts prior to the donation
3. the annual taxes on the land, including the real estate taxes 2. when the donation imposes upon the donee the obligations to pay the debts
4. ordinary repairs of the donor if the clause does not contain any declaration to the contrary,
5. necessary cultivation expenses the donee is understood to be liable to pay only the debts w/c appear to
have been previously contracted
Effect of Payment of the Annual Real Property Tax a. in no case shall the donee be responsible for debts exceeding the
Just because the usufructuary pays for the annual land taxes, it doesnt value of the property donated, unless a contrary intention clearly
necessarily follow that he has adverse possession over the land, for after all, appears
it is he who must pay for said taxes
Applicability of Article
Note: a real property tax, being a burden upon the capital, should be paid by the owner 1. if the usufruct is a universal one (constituted on the whole of a patrimony)
of the land, & not by the usufructuary 2. and the naked owner
a. has debts

SIENNA A. FLORES
PROPERTY
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b. or is obliged to make periodical payments, whether or not there be Art. 601. The usufructuary shall be obliged to notify the owner of any act of a third
known capital person, of which he may have knowledge, that may be prejudicial to the rights of
ownership, and he shall be liable should he not do so, for damages, as if they had been
Note: Art. 598 particularly applies if a person donates everything but reserves to him caused through his own fault.
the usufruct thereof.

Art. 599. The usufructuary may claim any matured credits which form a part of the When Notification by the Usufructuary is Required
usufruct if he has given or gives the proper security. If he has been excused from 1. if a 3rd party commits acts prejudicial to the rights of ownership
giving security or has been able to give it, or if that given is not sufficient, he shall 2. if urgent repairs are needed
need the authorization of the owner, or of the court in default thereof, to collect such 3. if an inventory (at the beginning of the usufruct) is to be made
credits.
The usufructuary who has given security may use the capital he has collected in any Effect of Notification
manner he may deem proper. The usufructuary who has not given security shall invest 1. the usufructuary is liable for damages as if they had been caused thru his
the said capital at interest upon agreement with the owner; in default of such own fault
agreement, with judicial authorization; and, in every case, with security sufficient to 2. the usufructuary cannot even make the extraordinary repairs needed
preserve the integrity of the capital in usufruct. 3. the inventory can go on, but the naked owner may later point out
discrepancies & omissions in the inventory
Rules on Usufruct of a Matured Credit
1. if usufructuary has GIVEN SECURITY collection & investment can be done Art. 602. The expenses, costs and liabilities in suits brought with regard to the usufruct
w/o the approval of the court or of the naked owner shall be borne by the usufructuary.
2. if usufructuary has NOT given security, or when he is EXEMPTED, or when
there is only a CAUCION JURATORIA collection & investment can be done Note: this article particularly applies only when the usufructuary has lost the case
only w/ the approval of the court or of the naked owner

Note: if the credit is collected, same belongs to the naked owner, but the usufructuary
CHAPTER 4: EXTINGUISHMENT OF USUFRUCT
gets its usufruct

Note: the usufructuary shall be liable if the credit has matured is not collected because Art. 603. Usufruct is extinguished:
of his fault or negligence (1) By the death of the usufructuary, unless a contrary intention clearly appears;
(2) By the expiration of the period for which it was constituted, or by the fulfilment of
any resolutory condition provided in the title creating the usufruct;
Art. 600. The usufructuary of a mortgaged immovable shall not be obliged to pay the
(3) By merger of the usufruct and ownership in the same person;
debt for the security of which the mortgage was constituted.
(4) By renunciation of the usufructuary;
Should the immovable be attached or sold judicially for the payment of the debt, the
(5) By the total loss of the thing in usufruct;
owner shall be liable to the usufructuary for whatever the latter may lose by reason
(6) By the termination of the right of the person constituting the usufruct;
thereof.
(7) By prescription.
How Liability of the Naked Owner may be Extinguished
1. by constituting a usufruct over an equivalent estate HOW USUFRUCT IS EXTINGUISHED
2. by payment of a periodical pension equivalent to the loss
3. in any other similar way

Note: if no stipulation for payment by the usufructuary is made, & the usufruct was not
created to defraud creditors, the usufructuary has NO DUTY to pay off the debt

Note: although Art. 600 speaks only of a mortgaged immovable, it can also apply by
analogy, to a pledged movable, provided that the movable is in the usufructuarys
possession

SIENNA A. FLORES
PROPERTY
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GR: death of the usufructuary ends the usufruct - total loss of the thing ends the usufruct, but not partial loss
Exceptions: - when there is partial loss, the usufruct continues on the
1. in the case of multiply usufructs here it ends on the Total Loss of the remaining part
death of the last survivor Thing in Usufruct - for total loss of a building (w/n the land is included in the
2. in case there is a period fixed on the number of years usufruct)
that would elapse before a person would reach a certain - for legal loss (e.g. expropriation)
Death of the age
Usufructuary a. exception to the exception: the period was Termination of the - if the usufructuary has a sub-usufructuary, the sub-usufruct
expressly granted only in consideration of the Right of the ends at the time the usufruct is extinguished, because by
existence of such person, in w/c case it ends at the Person that time, the right of the usufructuary to constitute the
death of said person Constituting the sub-usufruct has ended
3. in case the contrary intention clearly (expressly/ Usufruct - if the sub-usufructuary dies ahead of the usufructuary, the
impliedly) appears sub-usufruct ends, unless a contrary intention appears
Note: death of the naked owner does not extinguish the
usufruct for the rights of the naked owner are transmitted to - this refers to acquisitive prescription by a stranger either of
his own heirs Prescription the usufruct or of the naked owner
- mere non-user by the usufructuary of the usufruct does not
- if the usufruct is on real property, or on a real right on real terminate the usufruct, unless it is also a renunciation
Expiration of the property, the period must be recorded to bind 3rd persons
Period - the term should not exceed 50 years if the usufructuary is Other Causes for the Extinguishment of Usufruct
a juridical person. Premature abandonment or dissolution 1. annulment
of the juridical entity extinguishes the usufruct. 2. rescission
3. mutual withdrawal
Fulfillment of the - if the usufruct is on real property, or on a real right on real
4. legal causes ending legal usufruct (e.g. when attainment of the age of
Resolutory Period property, the resolutory condition must be recorded to bind
majority extinguishes parental usufruct)
3rd persons

Merger of the - the usufruct is extinguished when the naked owner & the Art. 604. If the thing given in usufruct should be lost only in part, the right shall
Usufruct & usufructuary are one & the same person continue on the remaining part.
Ownership in the Art. 605. Usufruct cannot be constituted in favor of a town, corporation, or association
Same Person for more than fifty years. If it has been constituted, and before the expiration of such
period the town is abandoned, or the corporation or association is dissolved, the
- renunciation by the law refers to a voluntary surrender of usufruct shall be extinguished by reason thereof.
the rights of the usufructuary, made w/ the intent to so
surrender them Note: this article is not applicable to trusts
- renunciation must be made expressly
Renunciation or - if made expressly, the formalities of donation must be
Waiver by the complied w/ Usufruct in favour of Entities
Usufructuary - renunciation is not mere abandonment, but an Sec. 11 of the Corporation Code: 50 years are allowed for the existence of a
abandonment in favor of another private corporation
- if the renunciation is made gratuitously & in fraud of In case of towns or municipal corporations, a period loner than 50 years
creditors, said creditors can rescind the renunciation, to the may militate against the public policy w/c prohibits the perpetual entailment
extent of their credits of property

Art. 606. A usufruct granted for the time that may elapse before a third person attains
a certain age, shall subsist for the number of years specified, even if the third person
should die before the period expires, unless such usufruct has been expressly granted
only in consideration of the existence of such person.

SIENNA A. FLORES
PROPERTY
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Art. 607. If the usufruct is constituted on immovable property of which a building forms a better solution would be to make the sharing of the premium
part, and the latter should be destroyed in any manner whatsoever, the usufructuary proportionate to the respective insurable interests, the premium of the
shall have a right to make use of the land and the materials. naked owner being based on the insurable interest of the naked ownership;
The same rule shall be applied if the usufruct is constituted on a building only and the that of the usufructuary being based on the usufructuary being based on the
same should be destroyed. But in such a case, if the owner should wish to construct insurable interest of the usufruct
another building, he shall have a right to occupy the land and to make use of the
materials, being obliged to pay to the usufructuary, during the continuance of the Rules
usufruct, the interest upon the sum equivalent to the value of the land and of the 1. If the naked owner & the usufructuary share it he premiums and the
materials. property is destroyed
a. If the owner constructs new building or rebuilds, the usufruct
continues on the new building
USUFRUCT ON BUILDING & LAND USUFRUCT ON THE i. If the cost of the new building is less than the insurance
(but the building is destroyed in any BUILDING ALONE indemnity, the usufructuary should get legal interests on
manner whatsoever before the (but the building is destroyed before the the difference (the amount not invested)
expiration of the period of the usufruct) termination of the period) ii. If the cost is more than the insurance indemnity, the
usufructuary enjoys the new building completely, w/ no
1. the usufruct on the building is 1. the usufruct on the building ends, but obligation to give interest on the additional cost to the
ended, but the usufruct on the land he usufructuary can still make use of naked owner
continues whatever materials of the house b. If the owner does not construct a new building or rebuild, the
2. the usufruct is still entitled to the remain naked owner gets the insurance indemnity but should pay the
use of the land & the use of 2. the usufructuary is entitled to the use interest/fruits thereon to the usufructuary
whatever materials of the house of the land because although there 2. if the naked owner alone pays for the insurance and the usufructuary has
remains was no usufruct on the land, still it refunded to share and the property is destroyed
3. if the naked owner wants to rebuild cannot be denied that in using the a. the naked owner gets the whole indemnity w/ no obligation to give
but the usufructuary refuses, it is building before he was also the interest thereon to the usufructuary
the usufructuary who prevails for automatically using the land b. if the usufruct was on the building & the land, the usufruct
the use of the land is still his for 3. but precisely because there was no continues on the land & the materials. The naked owner has no
the remainder period usufruct on the land, the naked owner right to rebuild over the opposition of the usufructuary.
has preferential right to its use c. if usufruct was on the building alone, the naked owner may build
w/ or w/o the approval of the usufructuary, but he must pay
There should be Interest: interest on the value of the land & the old materials that may have
1. on the materials because the usufruct was on the building, including its been used
materials 3. if the naked owner alone paid for the insurance but there is failure or
2. on the land because although there was no usufruct on the land, still use omission of usufructuary to share
of the building necessitated automatic use of the land a. the effect is the same as if there was a sharing, but the
usufructuary must reimburse the naked owner his (the
usufructuarys) share of the insurance premium
Art. 608. If the usufructuary shares with the owner the insurance of the tenement
4. if the usufructuary alone pays the insurance premium
given in usufruct, the former shall, in case of loss, continue in the enjoyment of the
a. a usufructuary all by himself has some sort of insurable interest on
new building, should one be constructed, or shall receive the interest on the insurance
the property, more particularly, on the usufruct thereof
indemnity if the owner does not wish to rebuild.
b. the measure of an insurable interest in property is the extent to w/
Should the usufructuary have refused to contribute to the insurance, the owner
c the insured might be damnified/prejudiced by loss/injury thereof
insuring the tenement alone, the latter shall receive the full amount of the insurance
indemnity in case of loss, saving always the right granted to the usufructuary in the
Summary of Rules
preceding article.
1. the insurance indemnity goes to the usufructuary alone w/ no obligation on
Proportion in the Contribution or Sharing
his part to share the indemnity w/, nor to give legal interest thereon to the
the law does not say, in the case of sharing, in what proportion each must
naked owner
contribute

SIENNA A. FLORES
PROPERTY
 - !68 -

2. the usufruct no doubt continues on the land for the remaining period of the
- usufruct continues - usufruct continues
usufruct, unless the usufruct has been constituted on the building alone
- naked owner CANNOT demand - naked owner CAN demand delivery to
3. the usufruct has no obligation to construct a new building or to rebuild
administration by himself & administration by him
- but he will be obliged to pay net
Note: a contrary stipulation between the parties will prevail
proceeds to usufructuary
- the naked owner gets administration
Art. 609. Should the thing in usufruct be expropriated for public use, the owner shall be fee & administration expenses
obliged either to replace it with another thing of the same value and of similar
conditions, or to pay the usufructuary the legal interest on the amount of the indemnity
for the whole period of the usufruct. If the owner chooses the latter alternative, he Note: the court will determine w/n there is considerable injury to the naked owner
shall give security for the payment of the interest.
Art. 611. A usufruct constituted in favor of several persons living at the time of its
constitution shall not be extinguished until death of the last survivor.
RULES IN CASE OF EXPROPRIATION

1. he may replace w/ equivalent thing, or

If NAKED OWNER alone was
given indemnity
If BOTH the naked owner &
the usufructuary were
separately given indemnity
If USUFRUCTUARY alone
was given indemnity
2. he may pay to the usufructuary legal interest
on the indemnity
- this requires security given by the naked
owner for the payment of the interest
Each owns the indemnity given to him, the usufruct
being totally extinguished
1. he must give to the naked owner & compel the
latter to return either the interest OR to
replace the property
2. he may deduct the interest himself, if the
naked owner fails to object
Note: he is entitled only to legal interest (fruits) on
the indemnity if no replacement is made.
RULES IN CASE OF A MULTIPLE USUFRUCT
IF CONSTITUTED
SIMULTANEOUSLY
- all the usufructuaries must be
alive (or at least conceived) at
the time of constitution
- it is the death of the last
survivor w/c, among other
causes, terminates the usufruct
IF CONSTITUTED
SUCCESSIVELY
- if the successive usufructs were constituted by
v i r t u e o f D O N AT I O N , a l l t h e d o n e e s -
usufructuaries must be living at the time of
the constitution-donation of the usufruct
- if the successive usufructs were constituted by
virtue of a last WILL, there should be 2
successive usufructuaries, & both must have
been alive (or at least conceived) at the time
of the testators death

Art. 610. A usufruct is not extinguished by bad use of the thing in usufruct; but if the
abuse should cause considerable injury to the owner, the latter may demand that the
thing be delivered to him, binding himself to pay annually to the usufructuary the net
proceeds of the same, after deducting the expenses and the compensation which may
be allowed him for its administration.
Art. 612. Upon the termination of the usufruct, the thing in usufruct shall be delivered
to the owner, without prejudice to the right of retention pertaining to the usufructuary
or his heirs for taxes and extraordinary expenses which should be reimbursed. After the
delivery has been made, the security or mortgage shall be cancelled.
RIGHTS & OBLIGATIONS AT THE TERMINATION OF THE USUFRUCT

EFFECT OF BAD USE OF THE PROPERTY HELD IN USUFRUCT ON THE PART OF THE ON THE PART OF THE
USUFRUCTUARY NAKED OWNER
Bad use w/c does NOT cause Bad use w/c CAUSES considerable
considerable injury to the naked injury to the naked owner
owner

SIENNA A. FLORES
PROPERTY
 - !69 -

1. the harm caused

Obligations:
1. must return the property to the naked
owner
Rights:
1. to retain the property till he is reimbursed
for taxes on the capital (w/c had been
advanced by him) and indispensable
extraordinary repairs or expenses (insofar
as there has been an increase in the
value)
2. to remove removable improvements or
set them off against damages he has
cause (the removal may be done either
during or after the usufruct)
Note: the term landholder includes a lessee, a usufructuary, or a legal possessor of
the land
Obligations:
2. that w/c causes the harm
1. must cancel the security or
mortgage, provided the
usufructuary has complied w/ Negligence Nuisance
all his obligations
2. must in case of rural lease, Penalized because of lack Nuisance is wrong not because of the presence/absence
respect leases made by the of proper care of care, but because of the injury caused
usufructuary, till the end of the
agricultural year
3. make reimbursements to the Trespass Nuisance
usufructuary in the proper
cases There is entry into anothers property; The injury is only consequential
the injury is direct & immediate
Art. 695. Nuisance is either public or private. A public nuisance affects a community or
neighborhood or any considerable number of persons, although the extent of the
annoyance, danger or damage upon individuals may be unequal. A private nuisance is
one that is not included in the foregoing definition.

CLASSIFICATION OF NUISANCES

Old Nuisance per se Always a nuisance

classification
Nuisance per accidens A nuisance only because of the
location or other circumstances

According to relief Actionable

Non-actionable
New
classification Those abatable by criminal &
TITLE VIII NUISANCE
civil actions
According to manner of relief
Art. 694. A nuisance is any act, omission, establishment, business, condition of Those abatable only by civil
property, or anything else which: actions
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or Those abatable judicially
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or street, or any Those abatable extrajudicially
body of water; or
(5) Hinders or impairs the use of property. Public (common) affects a e.g. a noisy dangerous factory
According to community/neighborhood or any in a residential district
Nuisance the Civil Code considerable number of persons
One of the most serious hindrances to the enjoyment of life & property
Anything that worketh hurt, inconvenience, or damage e.g. an illegally constructed
Private that w/c is not public dam partially resting on
Aspects of Nuisance another estate

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PROPERTY
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Examples of Nuisances (1) A prosecution under the Penal Code or any local ordinance: or
1. injures/endangers the health or safety of others (2) A civil action; or
2. annoys or offends the senses (3) Abatement, without judicial proceedings.
3. shocks, defies, or disregards decency or morality
4. obstructs/interferes w/ the free passage of any public highway or street or
Art. 700. The district health officer shall take care that one or all of the remedies
any body of water
against a public nuisance are availed of.
5. hinders/impairs the use of property

City Engineer: the proper officer in determining w/c remedy is the best insofar a
Attractive Nuisance: a dangerous instrumentality or appliance w/c is likely to attract
illegal constructions or houses on public streets are concerned
children at play

Note: in other places, it is the District Health Officer

The Attractive Nuisance Doctrine: one who maintains on his estate or premises an
attractive nuisance w/o exercising due care to prevent children from playing therewith
Effect if the District Health Officer is Not Consulted Prior to the Abatement
or resorting thereto is liable to a child of tender years who is injured thereby, even if
the person doing the abating are not necessarily liable
the child is technically a trespasser in the premises.
they would be liable for damages only if the abatement is carried out w/
unnecessary injury, or if the alleged nuisance is later declared by the courts
Attractive Nuisance: Basis for Liability: the attractiveness is an invitation to
not to be a real nuisance
children. Safeguards to prevent danger must therefore be set up.

Art. 701. If a civil action is brought by reason of the maintenance of a public nuisance,
Art. 696. Every successive owner or possessor of property who fails or refuses to abate
such action shall be commenced by the city or municipal mayor.
a nuisance in that property started by a former owner or possessor is liable therefor in
Art. 702. The district health officer shall determine whether or not abatement, without
the same manner as the one who created it.
judicial proceedings, is the best remedy against a public nuisance.
Art. 703. A private person may file an action on account of a public nuisance, if it is
When successor to the property may be held liable: he must knowingly fail or
specially injurious to himself.
refuse to abate the nuisance

GR: it is the mayor who must bring the civil action to abate a public nuisance
Liability of 2 or more persons responsible for a nuisance: if there was a common
Exception: a private individual can also do so if the public nuisance is specially
design or interest, the liability is solidary
injurious to himself
Rule if Lessor Created/Continues the Nuisance
Nature of the Action
Lessor - If a person sets up a nuisance on his land, then leases the
1. injunction
property to another, he cannot escape liability. Continuation of the nuisance
2. abatement
after the lease becomes effective makes the lessor liable.
3. damages
Lessee - liable only when he knowingly allows its existence

Art. 697. The abatement of a nuisance does not preclude the right of any person
injured to recover damages for its past existence.
Cumulative Remedies
the remedies of abatement & damages may both be demanded
Art. 698. Lapse of time cannot legalize any nuisance, whether public or private.
GR: the action to abate a public/private nuisance is not extinguished by prescription
Exception: easements w/c are extinguished by obstruction & non-user for 10 years
Art. 699. The remedies against a public nuisance are:
Art. 704. Any private person may abate a public nuisance which is specially injurious to
him by removing, or if necessary, by destroying the thing which constitutes the same,
w/o committing a breach of the peace, or doing unnecessary injury. But it is necessary:
(1) That demand be first made upon the owner or possessor of the property to abate
the nuisance;
(2) That such demand has been rejected;
(3) That the abatement be approved by the district health officer and executed with the
assistance of the local police; and
(4) That the value of the destruction does not exceed three thousand pesos.
Art. 705. The remedies against a private nuisance are:
(1) A civil action; or
(2) Abatement, without judicial proceedings.

SIENNA A. FLORES
PROPERTY
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Defenses Note: acknowledgement of easement is an admission that the property belongs to

1. estoppel, public necessity another
2. non-existence of the nuisance
3. impossibility of abatement SECTION 1. - Different Kinds of Easements

Art. 706. Any person injured by a private nuisance may abate it by removing, or if
necessary, by destroying the thing which constitutes the nuisance, without committing
a breach of the peace or doing unnecessary injury. However, it is indispensable that the
procedure for extrajudicial abatement of a public nuisance by a private person be
followed.
Art. 707. A private person or a public official extrajudicially abating a nuisance shall be
liable for damages:
(1) If he causes unnecessary injury; or
(2) If an alleged nuisance is later declared by the courts to be not a real nuisance.
Art. 613. An easement or servitude is an encumbrance imposed upon an immovable
for the benefit of another immovable belonging to a different owner.
The immovable in favor of which the easement is established is called the dominant
estate; that which is subject thereto, the servient estate.
Note: where the easement may be established on any of several tenements
surrounding the dominant estate, the one where the way is shortest & will cause the
least damage should be chosen. However, if these 2 circumstances do not concur in a
single tenement, the way w/c will cause the least damages should be used, even if it
will not be the shortest.

Title VII. - EASEMENTS OF SERVITUDES Art. 614. Servitudes may also be established for the benefit of a community, or of one
or more persons to whom the encumbered estate does not belong.
CHAPTER 1: EASEMENTS IN GENERAL

PERSONAL EASEMENT USUFRUCT

Easement: an encumbrance imposed upon an immovable for the benefit of a
community or 1 or more persons (persona easement) or for the benefit of anther Cannot be alienated Generally can be alienated
immovable belonging to a different owner (real or predial easement)
The use is specifically designated The use has a broader scope, and in general
EASEMENT SERVITUDE comprehends all the possible uses of the
thing
The name used in common law countries The name used in civil law countries
Characteristics of Easement
Only one from of servitude A broader term
1. a real right hence an action in rem is possible against the possessor of the
Always a predial or real Refers to a predial or real easement upon servient estate
the one hand, or to a personal easement 2. imposable only on anothers property
upon the other hand 3. it is a jus in re aliena a real right that may be alienated although the
naked ownership is maintained
4. it is a limitation/encumbrance on the servient estate for anothers benefit
a. it is essential that there be benefit otherwise there would be no
EASEMENT LEASE
easement
Al way s a real ri g ht ( w h et h er t h e A real right only when it is registered or b. it is not essential that the benefit be exercised. What is vital is that
easement be real or personal) when the lease of real property exceeds it can be exercised
1 year c. the benefit should not be so great as to completely absorb/impair
the usefulness of the servient estate, for then, this would not be
There is a rightful limited use w/o There is a rightful & limited use & merely an encumbrance or a limitation but a cancellation of the
ownership or possession possession w/o ownership rights of the servient estate
d. the benefit or utility goes to the dominant estate, not necessarily to
Can refer only to immovables May involved real or personal property the owner of the dominant estate
e. there is limited use but there is no possession
f. the exercise is naturally restricted by the needs of the dominant
estate or of its owner

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PROPERTY
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g. easements, being an abnormal restriction on ownership, are not

POSITIVE: here, the owner of the servient estate is
presumed, but may be imposed by law
obliged:
5. there is inheritance/inseparability, from the estate to w/c it belongs
As to the - to allow something to be done on his property, or
6. it is indivisible even if the tenement be divided
PURPOSE of the - to do it himself
7. it is intransmissible unless the tenement affected be also transmitted or
easement or the note: they are also termed servitudes of sufferance or
alienated
NATURE of the intrusion or service because something is being done on
8. it is perpetual as as long as the dominant and/or the servient estate exists
LIMITATION the servient estate
unless sooner extinguished by the causes enumerated by law
NEGATIVE: here the owner of the servient estate is
Note: there can be no easement imposed on personal property; only immovables my prohibited to do something w/c he could lawfully do were it
be burdened w/ easements not for the existence of the easement

Art. 615. Easements may be continuous or discontinuous, apparent or nonapparent. right to partially use the servient estate
Continuous easements are those the use of which is or may be incessant, without the
intervention of any act of man. As to the right to get specific materials or objects from the servient
Discontinuous easements are those which are used at intervals and depend upon the RIGHT GIVEN estate
acts of man.
Apparent easements are those which are made known and are continually kept in view Right to participate in ownership
by external signs that reveal the use and enjoyment of the same.
Nonapparent easements are those which show no external indication of their existence. Right to impede or prevent the neighboring estate from
Art. 616. Easements are also positive or negative. performing a specific act of ownership
A positive easement is one which imposes upon the owner of the servient estate the
obligation of allowing something to be done or of doing it himself, and a negative VOLUNTARY: constituted by will or agreement of the
easement, that which prohibits the owner of the servient estate from doing something parties or by a testator
which he could lawfully do if the easement did not exist. As to
SOURCE/ORIGIN LEGAL: those constituted by law for public use or private
interest
CLASSIFICATION OF EASEMENTS
MIXED: created partly by agreement & partly by the law
REAL/PREDIAL: for the benefit of another immovable
As to a party given belonging to a diff. owner
BENEFIT Art. 617. Easements are inseparable from the estate to which they actively or passively
PERSONAL: for the benefit of 1 or more persons or of a belong.
community
Inseparable
CONTINUOUS: their use is incessant, or may be incessant, indicates that independently of the immovable to w/c they are attached,
As to manner of w/o the intervention of any act of man easements do not exist
EXERCISE
DISCONTINUOUS: they are used at intervals & depend
Consequences of Inseparability
upon the acts of man easements cannot be sold or donated or mortgaged independently of the
real property to w/c they may be attached this means that when an
APPARENT: those made known & continually kept in view
easement is granted, such easement refers to a particular parcel of land
As to w/n by externals signs that reveal the use & enjoyment of the
registration of the dominant estate under the Torrens system w/o the
EXISTENCE is same
registration of the voluntary easements in its favour, does not extinguish the
INDICATED
NON-APPARENT: they show no external indication of their easements; but registration of the servient estate extinguishes said
existence voluntary easements
Provisions of the Land Registration Law

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easements shall continue to subsist & shall be held to pass w/ the title of
ownership until rescinded or extinguished by virtue of the registration of the
servient estate
GR: the registration of the servient estate w/o the registration of the voluntary
easement presumably extinguishes the easement
Exceptions (when there is no extinguishment of said easement):
1. the grantee or transferee of the servient estate actually knew of the
existence of the unrecorded easement
2. there is an understanding or stipulation that the easement would continue
to exist
Art. 618. Easements are indivisible. If the servient estate is divided between two or
more persons, the easement is not modified, and each of them must bear it on the part
which corresponds to him.
If it is the dominant estate that is divided between two or more persons, each of them
may use the easement in its entirety, without changing the place of its use, or making
it more burdensome in any other way.
ONLY
If discontinuous & apparent (because the possession is
UNINTERRUPTED)
If discontinuous & non-apparent
Title: a juridical act or law sufficient to create the encumbrance
Note: intestate succession does not create an easement, for no act is involved. Hence,
instead of creating an easement, it transmits merely an easement already existing.
Art. 621. In order to acquire by prescription the easements referred to in the preceding
article, the time of possession shall be computed thus: in positive easements, from the
day on which the owner of the dominant estate, or the person who may have made use
of the easement, commenced to exercise it upon the servient estate; and in negative
easements, from the day on which the owner of the dominant estate forbade, by an
instrument acknowledged before a notary public, the owner of the servient estate, from
executing an act which would be lawful without the easement.

Indivisibility of Easements
partition/division of an estate does not divide the easement, w/c continues
to be complete in that each of the dominant estates can exercise the whole
easement over each of the servient estates, but only on the part
corresponding to each of them
Art. 619. Easements are established either by law or by the will of the owners. The
former are called legal and the latter voluntary easements.
Judicial Declaration that an Easement Exists
when the court says that an easement exists, it is not creating one, it
merely declares the existence of an easement created either by law or by
the parties or testator
SECTION 2. - Modes of Acquiring Easements
if the easement is POSITIVE begin counting the period from the day the dominant
estate began to exercise it
if the easement is NEGATIVE begin counting from the time NOTARIAL
PROHIBITION was made on the SERVIENT ESTATE
Q: who makes the notarial prohibition or who should commence the exercise of the
easement?
A: the dominant estate, thru its owner or usufructuary or possessor or legal
representative; in other words, any one who desires to establish the easement.
Q: is the easement of light & view positive or negative?
if made on ones own wall & the wall does not extend over the neighbors
land, the easement is NEGATIVE
if made on ones own wall w/c extends over the neighboring land, or if made
on a party wall, the easement is created because of an act of sufferance or
allowance, thus the easement is POSITIVE

Art. 620. Continuous and apparent easements are acquired either by virtue of a title or Q: may the easement of right of way be acquired by prescription?
by prescription of ten years. A: no, because it is discontinuous or intermittent. The limitation on the servient
owners rights of ownership exists only when the dominant owner actually crosses or
passes over the servient estate. Since the dominant owner cannot be continually
HOW EASEMENTS ARE ACQUIRED
crossing the servient estate, but can do so only at intervals, the easement is
BY TITLE & If continuous & apparent necessarily of a discontinuous nature
PRESCRIPTION
Art. 622. Continuous nonapparent easements, and discontinuous ones, whether
If continuous & non-apparent (because they are NOT apparent or not, may be acquired only by virtue of a title.
BY TITLE PUBLIC)
ONLY Requisites of Prescription
1. concept of owner

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2. public in case both estates or both portions are alienated to the same owner, for
3. peaceful then there would be no true easement unless there is a further alienation,
4. uninterrupted this time, to different owners

Art. 623. The absence of a document or proof showing the origin of an easement which Art. 625. Upon the establishment of an easement, all the rights necessary for its use
cannot be acquired by prescription may be cured by a deed of recognition by the owner are considered granted.
of the servient estate or by a final judgment.
Grant of Necessary Rights for the Use of the Easement
Applicability of Article unless the necessary rights are also granted, the right to the easement itself
1. continuous non-apparent is rendered nugatory
2. discontinuous easements necessary rights include repair, maintenance, accessory easements such as
Proof of Easements may be: the right of way if the easement is for the drawing of water
1. by deed of recognition by the SERVIENT owner termination of the principal easement necessarily ends all the secondary or
2. final judgment accessory easements
Requisite to Affect/Prejudice 3rd persons: voluntary easements must be
Art. 624. The existence of an apparent sign of easement between two estates, registered; this is not generally essential for legal easements since this exists as a
established or maintained by the owner of both, shall be considered, should either of matter of law & necessity
them be alienated, as a title in order that the easement may continue actively and
passively, unless, at the time the ownership of the two estates is divided, the contrary Art. 626. The owner of the dominant estate cannot use the easement except for the
should be provided in the title of conveyance of either of them, or the sign aforesaid benefit of the immovable originally contemplated. Neither can he exercise the
should be removed before the execution of the deed. This provision shall also apply in easement in any other manner than that previously established.
case of the division of a thing owned in common by two or more persons.
Easements Appurtenant & Easements in Gross
Apparent Signs of an Easement that Apparently Exists easements w/ a dominant estate are called easements appurtenant, w/o the
1. originally no true easement exists here because there is only 1 owner dominant estate, they are purely personal, and may thus be referred to as
2. the article speaks of apparent visible easements easements in gross
3. sign of the easement does not mean a placard or sign post, but an outward a personal easement or an easement in gross, precisely because it is an
indication that the easement exists easement, is still real property, not personal property
4. it is not essential that there be an apparent sign bet. the 2 estates; is
important that the easement exists bet. the 2 estates
SECTION 3. - Rights and Obligations of the Owners of the Dominant and
Rules: Servient Estates
1. before the alienation, there is no true easement
2. after alienation:
Art. 627. The owner of the dominant estate may make, at his own expense, on the
a. there arises an easement IF the sign continues to remain unless
servient state any works necessary for the use and preservation of the servitude, but
there is a contrary agreement (the continuance of the sign is the
without altering it or rendering it more burdensome.
title)
For this purpose he shall notify the owner of the servient estate, and shall choose the
b. there is no easement if the sign is removed or if there is an
most convenient time and manner so as to cause the least inconvenience to the owner
agreement to this effect
of the servient estate.
Applicability of the Article
1. whether only 1 or both estates are alienated Art. 628. Should there be several dominant estates, the owners of all of them shall be
2. even if there be only 1 estate but there are 2 portions thereof, as long as obliged to contribute to the expenses referred to in the preceding article, in proportion
later on there is a division of the ownership of the said portion to the benefits which each may derive from the work. Any one who does not wish to
3. even in the case of division of common property, though this is not an contribute may exempt himself by renouncing the easement for the benefit of the
alienation others.

When Article does not Apply

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If the owner of the servient estate should make use of the easement in any manner 1. to retain ownership &
whatsoever, he shall also be obliged to contribute to the expenses in the proportion possession of the portion of his
stated, saving an agreement to the contrary. land affected by the easement
even if indemnity for the right
Art. 629. The owner of the servient estate cannot impair, in any manner whatsoever, is given, unless the contrary
the use of the servitude. has been stipulated
Nevertheless, if by reason of the place originally assigned, or of the manner established 2. to make use of the easement,
for the use of the easement, the same should become very inconvenient to the owner unless deprived by stipulation,
of the servient estate, or should prevent him from making any important works, repairs SERVIENT provided that the exercise of
or improvements thereon, it may be changed at his expense, provided he offers ESTATE the easement is not adversely
another place or manner equally convenient and in such a way that no injury is caused affected, and provided that he
thereby to the owner of the dominant estate or to those who may have a right to the contributes to the expenses in
use of the easement. proportion to benefits received,
unless there is a contrary
Art. 630. The owner of the servient estate retains the ownership of the portion on stipulation
which the easement is established, and may use the same in such a manner as not to 3. to change the location of a very
affect the exercise of the easement. inconvenient easement
provided that an equally
convenient substitute is made,
w/o injury to the dominant
RIGHTS OBLIGATIONS estate
1. he cannot impair the use
of the easement
2. he must contribute to the
expenses in case he uses
the easement, unless
there is a contrary
stipulation
3. in case of impairment, to
restore conditions to the
status quo at his expense
plus damages
4. to pay for the expenses
incurred for the change of
location or form of the
easement

1. to exercise the easement & all 1. he cannot alter the

the necessary rights for its use
including accessory easements
2. to make on the servient estate
all works necessary for the use
& preservation of the servitude,
BUT:
a. a this must be at his own
expense
b. he must notify the servient
DOMINANT owner
ESTATE c. select convenient time &
manner
d. he must not alter the easement
nor render it more burdensome
3. to ask for a mandatory
injunction to prevent
impairment or obstruction in
the exercise of the easement as
when the owner of the servient
estate obstructs the right of
way by building a wall or fence
4. to renounce totally the
easement if he desires
exemption from contribution to
expenses
easement
2. he cannot make it more
burdensome
a. the he cannot use the
easement except for
movable originally
contemplated
b. in the easement of right
o f w a y, h e c a n n o t
increase the agreed width
of the path, nor deposit
soil or material outside
the boundaries agreed
upon, but he may allow
others to use the path
except if the contrary has
been stipulated
3. if there be several
dominant estates, each
must contribute to
necessary repairs and
expenses in proportion to
the benefits received by
each estate
SECTION 4. - Modes of Extinguishment of Easements
Art. 631. Easements are extinguished:
(1) By merger in the same person of the ownership of the dominant and servient
estates;
(2) By nonuser for ten years; with respect to discontinuous easements, this period shall
be computed from the day on which they ceased to be used; and, with respect to
continuous easements, from the day on which an act contrary to the same took place;
(3) When either or both of the estates fall into such condition that the easement cannot
be used; but it shall revive if the subsequent condition of the estates or either of them
should again permit its use, unless when the use becomes possible, sufficient time for
prescription has elapsed, in accordance with the provisions of the preceding number;
(4) By the expiration of the term or the fulfilment of the condition, if the easement is
temporary or conditional;
(5) By the renunciation of the owner of the dominant estate;
(6) By the redemption agreed upon between the owners of the dominant and servient
estates.
Other Causes for Extinguishment of Easement
1. expropriation of the servient estate
2. permanent impossibility to make use of the easement
3. annulment, rescission, or cancellation of the title that constituted the
easement
4. abandonment of the servient estate
5. resolution of the right of the grantor to create the easement

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6. registration of the servient estate as FREE, that is, although the servient 6. intermediate distance
estate was registered under the Torrens System, the easement thereon was 7. easement against nuisance
not registered, unless there is a stipulation or actual knowledge of the 8. lateral & subjacent support
existence of the easement on the part of the transferee
7. in case of the legal easement of right of way, the opening of an adequate Art. 635. All matters concerning easements established for public or communal use
outlet to the highway extinguishes the easement, if the servient owner shall be governed by the special laws and regulations relating thereto, and, in the
makes a demand for such extinguishment absence thereof, by the provisions of this Title.
Art. 636. Easements established by law in the interest of private persons or for private
Art. 632. The form or manner of using the easement may prescribe as the easement use shall be governed by the provisions of this Title, without prejudice to the provisions
itself, and in the same way. of general or local laws and ordinances for the general welfare.
These easements may be modified by agreement of the interested parties, whenever
the law does not prohibit it or no injury is suffered by a third person.
PRESCRIPTION RE: PRESCRIPTION RE:
VOLUNTARY EASEMENTS LEGAL EASEMENTS
How Legal Easements for Private Interests are Governed
1. agreement of interested parties provided not prohibited by law nor
- the easement itself may - some legal easements do not prescribe (e.g.
prejudicial to a 3rd person
prescribe servitude of national drainage)
2. in default of the latter, general/local laws & ordinances for the general
- the form or manner of using - the right to exercise them cannot also
welfare
may also prescribe in the same prescribe
3. in default of the latter, the Civil Code
manner as the easement itself - the manner & form of using them may
prescribe
SECTION 2. - Easements Relating to Waters

Art. 633. If the dominant estate belongs to several persons in common, the use of the
easement by any one of them prevents prescription with respect to the others.
Note: the use benefits the other co-owners, hence there will be no prescription even w
respect to their own shares.
Art. 637. Lower estates are obliged to receive the waters which naturally and without
the intervention of man descend from the higher estates, as well as the stones or earth
which they carry with them.
The owner of the lower estate cannot construct works which will impede this easement;
neither can the owner of the higher estate make works which will increase the burden.

CHAPTER 2: LEGAL EASEMENTS Legal Easements Relating to Waters

1. natural drainage of lands
SECTION 1. - General Provisions 2. natural drainage of buildings
3. easements on riparian banks for navigation, floatage, fishing salvage
4. easement of a dam
Art. 634. Easements imposed by law have for their object either public use or the
5. easement for drawing water or for watering animals
interest of private persons.
6. easements of aqueduct
7. easement for the construction of a stop lock of sluice gate

What Lower Estates are Obliged to Receive

Legal Easements: easements imposed by law, and w/c have for their object either:
1. water w/c naturally & w/o the intervention of man descends from the higher
1. public use
estates
2. interest of private persons
2. the stones & earth carried by the waters
The Different Legal Easements
1. the easements relating to water DUTIES OF SERVIENT ESTATE DUTIES OF DOMINANT ESTATE
2. right of way
3. party wall
4. light & view
5. drainage

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1. the owner cannot construct works
that would impede the easement
2. nor can he enclose his land by
ditches or fences w/c would impede
the flow
3. should he really construct an
obstruction, the easement may be
extinguishes by non-user & barred
by prescription if the action to
destroy the dike is brought only
after more than 10 years
1. he cannot make works w/c will
increase the burden
2. but he may construct works
preventing erosion
3. if the descending waters are the result
of artificial development or proceed
from industrial establishments recently
set up, or are the overflow from
irrigation damns, the owner of the
lower estate shall be entitled to
compensation for his loss or damage

Art. 638. The banks of rivers and streams, even in case they are of private ownership,
are subject throughout their entire length and within a zone of three meters along their
margins, to the easement of public use in the general interest of navigation, floatage,
fishing and salvage.
Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to
the easement of towpath for the exclusive service of river navigation and floatage.
If it be necessary for such purpose to occupy lands of private ownership, the proper
indemnity shall first be paid.

River Bank: a lateral strip of shore washed by the water during high tides but w/c
cannot be said to be flooded or inundated

Payment of Indemnity
1. NO INDEMNITY if the land be of public ownership
2. INDEMNITY if the land be of private ownership

Art. 639. Whenever for the diversion or taking of water from a river or brook, or for the
use of any other continuous or discontinuous stream, it should be necessary to build a
dam, and the person who is to construct it is not the owner of the banks, or lands
which must support it, he may establish the easement of abutment of a dam, after
payment of the proper indemnity.
Art. 640. Compulsory easements for drawing water or for watering animals can be
imposed only for reasons of public use in favor of a town or village, after payment of
the proper indemnity.

Easements for Drawing Water or for Watering Animals

1. the can be imposed only for reasons of public use
2. they must be in favor of a town or village
3. proper indemnity must be paid

Art. 641. Easements for drawing water and for watering animals carry with them the
obligation of the owners of the servient estates to allow passage to persons and
animals to the place where such easements are to be used, and the indemnity shall
include this service.

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PROPERTY