CIVIL LAW PROPERTY

P ROPERTY 1. Utility capacity to satisfy some human wants

2. Substantivity or individuality quality of having
Property existence apart from any other thing
All things which are, or may be, the object of appropriation 3. Appropriability susceptibility of being possessed by
(Art. 414, NCC) men

Property (as a subject) CLASSIFICATION OF PROPERTY

It is a branch of civil law which classifies and defines the Kinds of Properties:
different kinds of appropriable objects, their acquisition 1. Immovable or real (Art. 415)
and loss, and in general, treats of the nature and 2. Movable or personal (Arts. 416, 417)
consequences of real rights.
Note: There are authorities who are of the view that the
Thing and Property; Distinguished above classification is incomplete, in that there should
Thing (cosas) Property (bienes) be a third kind the mixed or semi-movables. This
Any object which exist or Anything which is already refers to movable properties which, under certain
capable of satisfying human an object of appropriation conditions, may be considered immovable by virtue of
needs. Including those or found in the possession their being attached to an immovable for certain
already possessed, those of man. It must be specified purposes and immovables but are treated as
susceptible of appropriation, susceptible of movables because they can be transplanted or
and common things which appropriation. dismantled and moved to another place without
are physically or legally impairing their substance.
impossible to possess.
Other Classifications of Properties:
1. Ownership:
Note: Strictly speaking, thing is NOT synonymous with
a. public dominion or ownership
property. HOWEVER, the New Civil Code uses these
b. private dominion or ownership
terms interchangeably.

Classification of Things: 2. Alienability:

1. Res Nullius -- belonging to no one a. within the commerce of man
Reason: They have not yet been appropriated. b. outside the commerce of man
a. Res Derelictae abandoned by the owner with the
intention of no longer owning them. 3. Existence:
b. Ferae Naturae free in their natural habitat. a. Present or existing property (res existentes)
2. Res Communes belonging to everyone; their use b. Future property (res futurae)
and enjoyment are given to all mankind.
3. Res Alicujus belonging to someone; objects, tangible 4. Materiality or Immateriality:
or intangible, which are owned privately, either in a a. Tangible or corporeal
collective or individual capacity.(Paras, Civil Code of b. Intangible or incorporeal
the Philippines Annotated, 2008 ed, p. 2).
5. Dependence:
a. Principal
Requisites/Classifications of Property (USA) b. Accessory

EXECUTIVE COMMITTEE SUBJECT COMMITTEE MEMBERS

IAN MICHEL GEONANGA overall JHOY PALLONES subject chair, MICAELA Phoebe Alhambra, Diana
chairperson, JOSE ANGELO DAVID KRISTINA GALVEZ assistant subject chair, Bartolome, Jesus Paolo
chairperson for academics, RUTH PIA ISABEL CO edp, FRANCIA ROMLINA Borlagdan, Darniel Bustamante,
ABIGAIL ACERO chairperson for RODRIGUEZ persons and family relations, Jamela Jane Caringal, Ma.
hotel operations, ALBERTO JENNETH CAE CAINDAY property, IRENE Criselda Correa, Reynaldo
RECALDE, JR. vice-chairperson for ALCOBILLA wills and succession, JOSE Dalisay, Kristine Lara Defensor,
Carel Brendth Dela Cruz, Regine
operations, MARIA CARMELA AMELITO BELARMINO II and ROWNEYLIN
Estillore, Anne Clarisse Guzman,
HAUTEA vice-chairperson for SIA obligations and contracts, SAMANTHA
Aziel Guzman, Martin Michael
secretariat, MARK EMMANUEL GRACE MANALO sales and lease, LAUREN Hatol, Maria Emma Gille
ABILO vice-chairperson for GAIL DIVINO partnership, agency and Mercado, Richmond
finance, RYAN LIGGAYU vice- trusts, MABEL BUTED credit transactions, Montevirgen, Astrid Ong, Ruth
chairperson for electronic data JULIUS CEASAR BALBUENA torts and Ann Ong, Rodel James Pulma,
processing, JOMARC PHILIP damages, KATHLEEN VALERIO land titles Dan Bernard Sabilala, Jeth
DIMAPILIS vice-chairperson for and deeds, ILLAC BOHOL conflict of laws Lester Tan, Maria Anne Cyra Uy
logistics

6. Capability of Substitution:
a. Fungible
b. Non-fungible
7. Definiteness
a. Generic or Indeterminate referring to a group or
class.
b. Specific or Determinate referring to a single, unique
object.
Correlation: Under the Law on Sales, a thing is
determinate or specific when it is particularly designated
or physically segregated from all others of the same
class (Art. 1460, Civil Code).
8. Divisibility
a. Divisible
b. Indivisible
9. Consumability (Movables):
a. Consumable
b. Non-consumable
10. Whether in the Custody of the Court or Free
a. In custodia legis those seized by an officer under a
writ of attachment or execution.
b. Free property.
Importance of Classification:
1. In Private International Law, the general rule is that
immovables are governed by the law of the country in
which they are located, whereas movables are
governed by the personal law of the owner.
2. Under the Law on Donation, in order that the donation
of an immovable may be valid, it must be made in a
public document (Art. 749).
3. In Criminal Law, usurpation of property can take place
only with respect to real property; while robbery and
theft can be committed only with respect to personal
property.
4. In Procedure, actions concerning real property are
brought in the RTC where the property or any part
thereof lies, whereas personal property are brought in
the court where the defendant or any of its defendants
reside of may be found, or where the plaintiff or any of
the plaintiffs reside.
5. In Contracts, only real property can be the subject
matter of real mortgage and antichresis, while only
personal property can be the subject matter of simple
loan or mutuum, voluntary deposit, pledge, and chattel
mortgage.
6. Under the law on Prescription, ownership of real
property may be acquired by prescription although there
is bad faith in 30 years (Art. 1137); whereas the period
is only 8 years in the case of movables (Art. 1132).
7. In order to affect third persons, generally, transactions
involving real property must be recorded in the Registry
of Property; however, said registration requirement is
not necessary with respect to personal property, except
in the case of chattel mortgage (Art. 2140).
Note: The human body, whether alive or dead, is
neither real nor personal property, for it is not even
property at all, in that generally, it cannot be
appropriated although there is a right of possession
over it for burial purposes. Under certain conditions, the
body of a person or parts thereof may be the subject
matter of a transaction.
Correlation:
1. RA 349: An Act to Legalize Permissions to Use Human
Organs or Any Portion or Portions of the Human Body
for Medical,
Surgical, or Scientific Purposes, Under Certain
Conditions (1949)
Under this law, a person may validly grant to a licensed
physician, surgeon, known scientist, or any medical or
scientific institution, authority to detach at any time after
the grantor's death any organ, part or parts of his body
and to utilize the same for medical, surgical or scientific
purposes. Similar authority may also be granted for the
utilization for medical, surgical, or scientific purposes, of
any organ, part or parts of the body which, for a
legitimate reason, would be detached from the body of
the grantor (Sec.1).
Requisites for the validity of the authorization:
a. It must be in writing;
b. It must specify the person or institution granted the
authorization, the organ, part or parts to be detached,
the use or uses of the organ, part or parts to be
employed;
c. It must be signed by the grantor and two disinterested
witnesses (Sec.2).
2. R.A. No. 7170: Organ Donation Act of 1991
Under this law, any individual, at least eighteen (18)
years of age and of sound mind, may give by way of
legacy, to take effect after his death, all or part of his
body for medical or dental education, research,
advancement of medical or dental science, therapy or
transplantation, as the case may be.
Persons who may execute donation: Spouse
a. Son or daughter of legal age;
b. Either parent;
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c. Brother or sister of legal age; As to the number of persons who take part in the
d. Guardian over the person of the decedent at the time legal relation
of his death Sec.4(a).
There is a definite active There is a definite active
subject who has a right subject (creditor) and a
Possible Donees :
against ALL persons definite passive subject
a. Any hospital, physician or surgeon;
generally as an indefinite (debtor).
b. Any accredited medical or dental school, college or
passive subject.
university;
c. Any organ bank storage facility; As to the subject matter
d. Any specified individual (Sec.6). The object is generally a It is always an
corporeal thing. incorporeal thing.
3. RA 7719: National Blood Services Act of 1994
As to the causes of their creation
This act promotes voluntary blood donation to ensure
adequate supply of human blood. Created by mode and Created merely by title.
title.
Note: Parties to a contract may treat as personal
property that which by nature is real property; and it is a As to the modes of their extinction
familiar phenomenon to see things classed as real
Generally, it is Personal right survives
property for purposes of taxation which on general
extinguished by the loss or the subject matter.
principle might be considered personal property
destruction of the thing
(Standard Oil Co. vs. Jaranillo GR No. 20329, over which it is exercised.
March 16, 1923).
As to the nature of the actions arising from the
Right as Property juridical relation.
A real right or jus in re is the right or interest belonging It is directed against the It is binding or
to a person over a specific thing without a definite passive whole world, giving rise to enforceable only against
subject against whom such right may be personally real actions (action in rem) a particular person (the
enforced. against third persons. debtor), giving rise to
personal actions (action
Kinds based upon dominion: in personam) against
1. Domino pleno the powers to enjoy and to dispose are such debtor.
united (e.g. dominion; (Civil) possession; and hereditary
right.). IMMOVABLE PROPERTIES
2. Domino menos pleno the powers to enjoy and to Categories : (NIDA)
dispose are separated (e.g. surface right; and usufruct). 1. Real by nature it cannot be carried from place to
3. Domino limitado the powers to enjoy and to dispose, place (pars. 1,2 & 8, Art. 415)
though united, are limited by a charge (e.g. easement, 2. Real by incorporation attached to an immovable in a
tax); by a guaranty (e.g. mortgage, pledge); by a fixed manner to be an integral part thereof (pars. 14 &
privilege (e.g. pre-emption, redemption, lease record). 6 Art. 415)
3. Real by destination placed in an immovable for the
A personal right or jus in personam or jus ad rem is utility it gives to the activity carried thereon (pars. 47
the right or power of a person (creditor or obligee) to and 9 Art. 415)
demand from another (debtor or obligor) as a definite 4. Real by analogy it is so classified by express
passive subject, the fulfillment of the latters obligation. provision of law (par. 10, Art. 415)

Types of Immovable Properties (Art. 415)

1. Land, buildings, roads and constructions of all
kinds adhered to the soil
Land is an immovable property; however a shovelful of
land is a personal property but when it is used to cover
a land, it becomes immovable again.
Real Rights and Personal Rights; Distinguished
Real Rights Personal Rights Buildings are immovables by incorporation. Their
adherence to the land must be permanent and

3
 substantial. Portable structures are not immovables. In The breakage or injury, in case of separation, must be
Biscerra v. Teneza, L-16218, November 29, 1962, it was substantial.
held that a dismantled house and/or materials of such
house should be regarded as personal properties. The fact that the machineries were bolted or
cemented on real property mortgaged does not make
Basis: Principle of Accession -the building is them ipso facto immovable under Art. 415 (3) and (5)
immovable property whether it is erected by the owner, as the parties intent has to be looked into. Even if the
usufructuary or lessee of the land. (Ladera vs. Hodges properties appear to be immovable by nature, nothing
CA-GR No. 8027-R, September 23, 1952). prohibits the parties from treating them as chattels to
secure an obligation under the principle of estoppel
The building and the land on which it is erected are (Tsai vs. CA, GR No. 120098, October 2, 2001).
separate movable properties. (Lopez v. Orosa Gr No. L-
10817-18, 1958) Where the property like a water pump and its
accessories can be separated from the immovable
A house may be the object of a chattel mortgage without being broken or suffering deterioration as
contract, PROVIDED: 1) the parties to the contract so when such removal involved nothing more
agrees; AND 2) no innocent third parties will be complicated than the loosening of bolts or dismantling
prejudiced. of fasteners, said property is not immovable under
par. 3 (Yap v. Tanada, G.R. No. L-32917. July 18,
Basis: Principle of Estoppel. HOWEVER, this view is 1988).
good only insofar as the contracting parties are
concerned. It is NOT applicable to strangers to said 4. Statues, reliefs, paintings, or other objects for use
contracts (Evangelista v. Alto Surety & Insurance Co., or ornamentation
Inc., G.R. No. L-11139. April 23, 1958).
Requisites :
A building is real property thus, its sale as annotated in a. It is an object of ornamentation or object of use.
the Chattel Mortgage Registry cannot be given the legal b. The property is placed on a building or land.
effect of registration in the Registry of Real Property c. MUST be placed by the owner of the immovable
(Leung Yee vs. Strong Machinery Co. G.R. No. L-11658 (buildings or lands). -The owner of the immovable
February 15, 1918). may act through his agent or duly appointed
guardian.
Where a building is sold to be demolished immediately, d. Intention of permanent annexation or attachment,
it is to be regarded as movable because the subject even if adherence will not involve breakage or injury
matter of the contract is really the materials thereof this is the main consideration.
(Bautista, et al vs Supnad, (CA) 59 O.G. 1575)
Distinctions between Paragraphs 3 and 4 ( Art. 415)
Constructions of All Kinds- the attachment must be Paragraph 3 Paragraph 4
more or less permanent (INTENT to attach permanently
Cannot be separated Can be separated
is important).
from immovable from immovable
without breaking or without breaking or
2. Trees, plants, and growing fruits
deterioration deterioration
When trees are cut or uprooted, incorporation ceases
and they become movables; timber is still an integral
Need not be placed Must be placed by
part of an immovable property when it constitutes the
by the owner the owner or his
natural product of the latter.
agent
Real property by
Sale of growing crops is sale of personal property (3
incorporation Real property by
Manresa 22) because when the crops are sold it is
incorporation or
understood that they are to be gathered. Once they
destination
have been severed they become personal property.

3. Everything attached to an immovable in a fixed

manner. 5. Machinery, receptacles, instruments, or
The attachment need not be made by the owner. implements for an industry or works
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2010 Centralized Bar Operations
Requisites:
a. MUST be placed by the OWNER of the tenement or
his agent.
b. The industry or works must be carried on in a building
or on a piece of land
c. The machinery, etc. must tend directly to meet the
needs of the said industry or works
d. Machineries must be an essential and principal
element of an industry or works, without which such
industry or works would be unable to function or carry
on the industrial purpose for which it was established
and not merely incidental.(Mindanao Bus Co. vs. City
Assessor and Treasurer GR No. L-17870, September
29, 1962).
The equipment and living quarters of the crew, being
permanently attached to the platform which is also an
immovable, are immovables. This is especially so that
they are intended to meet the needs of the business
and industry of the corporation (Fels Energy, Inc v
Province of Batangas, et al., GR No. 168557, Feb 16,
2007).
Machinery, movable in nature, becomes immobilized
when placed on a plant by the owner of the property but
not so when placed by a tenant, usufructuary or a
person having only a temporary right UNLESS: 1) such
person acted as agent of the owner of the land; or, 2)
when the tenant had promised to leave the machinery
on the tenement at the end of the lease (Davao Sawmill
Co. vs. Castillo GR No. 40411, August 7, 1935).
Where a chattel mortgage is constituted on a machinery
permanently attached to the ground, the machinery is to
be regarded as personal property as long as the parties
to the contract so agrees and no innocent third party will
be prejudiced thereby (Makati Leasing and Financial
Corporation v. Wearever Textile Mills, Inc. G.R. No. L-
58469. May 16, 1983). This is based on the principle of
estoppel.
The special civil action of replevin is applicable only to
personal property. It cannot be filed when the subject
machinery and equipment had become an immovable
property (Machinery & Engineering Supplies, Inc. v.
Court of Appeals, No. L-7057. October 29, 1954).
Poles and steel supports or towers of an electric
company are not real property for the purpose of the
real property tax, since they are merely attached to a
square metal frame by means of bolts which could
easily be dismantled and moved from place to place.
(Board of Assessment Appeals v. MERALCO, G.R. No.
L-15334, January 31, 1964).
5
Conflicting views on the Effect of the temporary
separation of movables from immovables to which
they are attached:
a. They continue to be regarded as immovables as long
as they are utilized or still needed in the industry
(supported by De Leon).
b. Fact of separation determines the condition of the
object (supported by Paras and Tolentino).
c. Things temporarily separated from the immovable
shall continue to be regarded as immovable if there is
an intent to put them back (Partidas).
d. The material fact of incorporation or separation is
what determines the condition of these objects; so
that as soon as they are separated from the
tenement, they recover their condition as movables
irrespective of the intention of the owner ( 2 Navarro
Amandi 14-15).
e. If the machine is still in the building, but is no longer
used in the industry, the machine reverts to the
condition of a chattel. On the other hand, if still
needed for the industry, but separated from the
tenement temporarily, the property continues to be an
immovable (Paras, Civil Code of the Philippines
Annotated, Volume II, 2008 ed., p. 20).
6. Animal houses, pigeon houses, beehives, fish
ponds or breeding places of similar nature
Requisites:
a. Placed by the owner, or by a tenant as agent of the
owner, with the intention of permanent attachment
b. Forms a permanent part of the immovable
Such animals inside the permanent animal houses are
to be regarded as personal property not only for
purposes of alienation as when they are alienated
onerously or gratuitously, but also from the point of view
of criminal law wherein they may properly be the object
of theft or robbery (Paras, Civil Code of the Philippines
Annotated, Volume II, 2008 ed., p. 27).
Animals which are temporarily outside may still be
considered real property, as long as the intent to return
is present, as in the case of homing pigeon (Paras, Civil
Code of the Philippines Annotated, Volume II, 2008 ed.,
p. 27).
7. Fertilizer
Actually used means that it has been spread over the
land.
 Fertilizers kept in a barn or still in their containers
should be regarded as movables.
8. Mines, quarries and slag dumps
They are considered as realty only if the matter remains
unsevered from the soil. Once severed, they become
personalty.
Mines
Mineral lands where excavations are done to extract
minerals (includes minerals when still attached thereto)
Quarries
Lands where stones are chipped of or where sand is
being extracted. Once extracted they become movables
Slag dumps
Dirt and soil taken from a mine and piled upon the
surface of the ground.
Waters
Those still attached to or running thru the soil or ground
Waters which are immovable, such as sea, river or lake
must not be confused with water itself which is plainly
movable property (De Leon, Civil Code of the
Philippines, 2008 ed, p. 30).
9. Docks and Structures
Since waters either running or stagnant are considered
immovables, it is logical that constructions united to
them in a fixed and permanent manner are also
immovable (De Leon, Civil Code of the Philippines,,
2008 ed., p. 31)
Vessels are considered personal property under the
Civil Law as well as under the common law, although
occasionally referred to as a peculiar kind of personal
property (Phil. Refining Co., Inc. vs. Jarque G.R. No.
41506, March 25, 1935).
Although vessels are personal property, they partake to
a certain extent of the nature and conditions of real
property because of their value and importance in the
world of commerce (Rubiso v. Rivera, 37 Phil. 72,
1917).
Power barges are categorized as immovable property
by destination, being the nature of machinery and
other implements intended by the owner for an industry
or work which may be carried on in a building or on a
piece of land and which tend directly to meet the needs
of said industry or work (Fels Energy, Inc v. Province of
Batangas, GR No. 168557, Feb 16, 2007)).
10.Contracts for Public works, and servitudes and
other real rights
Properties referred to in par. 10 are not material things
but rights, which are necessarily intangible (3 Manresa
11, cited in Paras).
Where the res of a real right is real property, the right
itself is real property; but where it is personal property,
the right itself is personal property. Hence, ownership is
real property if the thing owned is immovable and
personal property if movable (De Leon, Civil Code of
the Philippines, 2008 ed., p.32). A personal right is
always regarded as personal property. The exception is
in the case of contracts for public works which are
considered as real property.
MOVABLE PROPERTIES
Tests:
1. By description
a. Whether the property can be transported or carried
from place to place
b. Whether such change of location can be made
without injuring the immovable to which the object
may be attached
2. By exclusion -- whether the object does not fall within
any of the ten cases enumerated in Article 415
Kinds of Movable Properties: (ASFTOS)
1. Those movables susceptible of appropriation which are
not included in the preceding article
2. Real property which by any special provision of law is
considered personalty (Art 416 & 417).
Although Art. 415 (2) of the Civil Code considers
growing crops as immovable, they are, however,
recognized as personal property by the Chattel
Mortgage Law (Act No. 1508, Sec. 7) for purposes of
chattel mortgage contracts (Sibal v. Valdez, L-26278
August 4, 1927).
3. Forces of nature which are brought under control by
science.
Examples: electricity, gas, rays, heat, light, oxygen,
atomic energy, water power, etc.
It is true that electricity is no longer, as formerly
regarded by electricians as fluid, but its manifestations
and effects like those of gas, may be seen and felt. The
true test of what is a proper subject of theft is not
whether the subject is corporeal or incorporeal but
whether it is capable of appropriation by another than
the owner (U.S. v. Carlos, G.R. No. 6295 September 1,
1911).
 San Beda College of Law
2010 Centralized Bar Operations
4. In general, all things which can be transported from
place to place without impairment of the real property to
which they are fixed (Art. 416).
5. Obligations and actions which have for their object
movables or demandable sums (Art. 147 [1]).
An action to recover a personal property like a car is
personal property by itself. But the right to recover
possession of a piece of land is real property.
Demandable sums amounts which are liquidated and
determined.
6. Shares of stocks agricultural, commercial and industrial
entities, although they may have real estate (Art. 417)
The term entities includes all juridical persons such as
partnerships, although they do not issue shares of
stocks.
Stock
Participation or interest in a business is a personal
property but interest in the real property of a business
entity is a real property.
Classification of Movables:
1. By Nature:
a. Consumable - cannot be used according to its nature
without it being consumed (Art. 418).
b. Non-consumable - any other kind of movable property
(Art. 418).
2. By Intention:
a. Fungible - replaceable by an equal quality and
quantity, either by nature of things or agreement; If it
is agreed that the equivalent thing be returned, it is
fungible.
b. Non-fungible - irreplaceable because identical objects
must be returned; If it is agreed that the identical
thing be returned, it is non-fungible.
Example: Rice is by nature consumable but if the
parties intended it for display, it is non-fungible
because the identical rice need be returned. If it is
loaned for consumption, it is both consumable and
fungible
Note: The New Civil Code, in many instances, uses the
terms consumable and fungible interchangeably.
PROPERTY IN RELATION TO WHOM IT BELONGS
(Arts. 419425)
Property is either of:
1. Public dominion owned by the state in its public or
sovereign capacity and intended for public use and not
for the use of the state as a juridical person.
2. Private ownership
7
a. Property owned by the State and its political
subdivisions in their private capacity and is known as
patrimonial property (Art. 421-424)
b. Property belonging to private persons, either
individually or collectively (Art. 425)
Churches and other consecrated objects have been
considered outside the commerce of man. They are
neither public nor private property..
Property of Public Dominion
Concept: It does not import the idea of ownership. It is
not owned by the state but simply under its jurisdiction
and administration for the collective enjoyment of people.
The ownership of such properties is in the social group,
whether national, provincial or municipal.
Purpose: To serve the citizens for the common and public
welfare and not the state as a juridical person.
Characteristics: (OI-PEAR)
1. Outside the commerce of man except insofar as they
may be the object of repair or improvement or other
similar things.
2. Inalienable, however, when it is no longer needed for
public use or service, it may be declared as patrimonial
property.
3. Cannot be acquired by prescription
4. Cannot be burdened with easements
5. Not subject to attachment or execution
6. Cannot be registered under the Property Registration
Decree or P.D. 1529, and be the subject of a Torrens
Title.
If erroneously included in a Torrens Title, the land
involved remains property of public dominion. The
character of public property is not affected by
possession or even a Torrens Title in favor of private
persons (Palanca vs. Commonwealth, GR No. 46373,
Jan. 29, 1940).
As property of public dominion, the Roppongi lot is
outside the commerce of man. The fact that it has not
been used for a long time does not automatically
convert it to patrimonial property. The conversion
happens only if the abandonment is definite and upon a
formal declaration on the part of the government to
withdraw it from public use (Laurel vs. Garcia G.R. No.
92013, July 25, 1990).
The Executive and possibly the Legislative Departments
have the authority and the power to make the
declaration (Natividad vs. Director of Lands 37 O.G.
2906).
Kinds:
1. For Public Use may be used by anybody, and not
limited to privileged individuals. Includes roads, canals,
rivers, torrents, ports and bridges constructed by the
State, banks, shores, roadsteads and others of similar
character.
Canals
Artificial waterways designed for navigation or for
irrigating or draining land
Shores
Portion of the land bordering the sea and which is
subject to the ebb and flow of the waters
Roadstead- a place less sheltered or enclosed than a
harbor
Torrent
Amount of water which in case of heavy rain gathers in
deep places or canals where it is supposed to flow
afterwards
Note: The term ports includes seaports and airports.
The MIAA Airport Lands and Buildings constitute a
port constructed by the State. Under Article 420 of the
Civil Code, the same are properties of public dominion
and thus owned by the State (MIAA v. Court of Appeals,
G.R. No. 155650, July 20, 2006).
Examples of and others of similar character are:
a. Public streams; natural beds of rivers; river channels
and water of rivers; creeks and esteros.
b. Accretions to the shores of the sea by action of the
water.
c. Submerged lands and reclaimed lands.
The mere reclamation of certain foreshore land and
submerged areas by a government agency like the
Public Estate Authority does not convert these
inalienable natural resources of the State into
alienable or disposable lands of the public domain. In
the hands of the government agency tasked and
authorized to dispose of alienable and disposable
lands of public domain, these lands are still public,
not private lands. There must be a law or presidential
proclamation officially classifying these reclaimed
lands as alienable or disposable and open to
disposition or concession (Chavez v. Public Estates
Authority, G.R. No. 133250, May 6, 2003; Chavez v.
National Housing Authority, G.R. No. 164527, August
15, 2007).
d. Lands that disappeared into the sea by natural
erosion due to the ebb and flow of the tide.
e. Foreshore lands; when the sea moved toward an
estate and the tide invaded it, the invaded property
becomes foreshore land and passes to the realm of
the public domain, and accordingly cannot be a
subject of a free patent.(Republic v. Court of Appeals,
Morato, G.R. No. 100709. November 14, 1997).
Foreshore land
Is a strip of land that lies between the high and low
water marks and that is alternatively wet and dry
according to the flow of the tide.
De Facto Case of Eminent Domain or Natural
Expropriation
Is the expropriation resulting from the actions of
nature as in a case where land becomes part of the
sea. The owner loses his property in favor of the
State without any compensation (Republic vs. CA,
G.R. No. 100709. November 14, 1997).
If a river is capable in its natural state of being used
for commerce, it is navigable in fact, and therefore
becomes a public river (Taleon vs Secretary of Public
Works, L-24281, May 16, 1967, cited in Paras).
2. For Public Service may be used only by authorized
persons
All public buildings constructed by the Sate for its
offices and functionaries belong to this class (Baguio
Citizens Action vs City Council, 121 SCRA 368).
3. For the Development of National Wealth
General Rule: All natural resources belong to the state
and are not subject to alienation
Exception: Public agricultural land
Note: Before public agricultural land is made available
for disposition they are property of public domain for the
development of national wealth.
The charging of fees to the public does not determine
the character of the property, whether it is of public
dominion or not. Art. 420 defines property of public
dominion as one intended for public use. Even if the
government collects toll fees, the road is still intended
for public use if anyone can use it under the same
terms and conditions as the rest of the public (MIAA vs.
CA, G.R. No. 155650, July 20, 2006).
Distinction between Government Lands and Public
Lands
 San Beda College of Law
2010 Centralized Bar Operations
The term government lands is broader in scope. It
includes lands devoted to public use or service, as well as
public lands before and after they are made available for
private appropriation and also patrimonial lands. While
public land is merely a part of government lands and
used to describe national domain.
Property of Private Ownership
Kinds:
1. Property owned by the State and its political
subdivisions in their private capacity and is known as
patrimonial property (Art. 421-424)
2. Property belonging to private persons, either individually
or collectively (Art. 425)
Patrimonial Property of the State
1. Property of the State owned in a private or proprietary
capacity
2. Property of public dominion, when no longer intended
for public use or public service, shall form part of the
patrimonial property (Art. 422)
Art. 422 is not self-executing and cannot be inferred
from non-use alone. There must be a formal declaration
by the executive or possibly the legislative department
that the property of the State is no longer needed for
public use or for public service before the same can be
classified as patrimonial or private property of the State.
3. The State has the same rights over this kind of property
as a private individual in relation to his own private
property
Characteristics: (PDSC)
1. Patrimonial properties may be acquired by private
individuals or corporations thru prescription. (See Art.
1113)
2. May be disposed by the State
3. Exist for the State to support the attainment of
economic needs
4. Can be the object of ordinary contract
Property of Political Subdivisions
1. Property for public use consist of roads, streets,
squares, fountains, public waters, promenades and
public works for public service paid for by the LGUs;
they cannot be alienated and be acquired by
prescription.
Note: The enumeration in Art. 424 is not exclusive.
2. Patrimonial Property all other properties possessed
by LGUs including property for public service without
prejudice to provisions of special laws; they may be
alienated and acquired by others thru prescription.
9
Note: In Rabuco v. Villegas G.R. No. L-24661.
February 28, 1974, when a property is owned by a
political subdivision in its public and governmental
capacity, the Congress has absolute control. But if the
property is owned in its private or proprietary capacity, it
is patrimonial and Congress has no absolute control.
The municipality cannot be deprived of it without due
process and payment of just compensation.
Arts. 423 and 424 speak of property for public use,
indicating that property for public service is patrimonial.
However, the Supreme Court, in Province of
Zamboanga Del Norte vs. City of Zamboanga (GR No.
L-23922, June 30, 1969), categorically stated that this
court is not inclined to hold that municipal property held
and devoted to public service is in the same category as
ordinary private property. The classification of municipal
property devoted for distinctly governmental purposes
as public, under the Law of Municipal Corporations,
should prevail over the Civil Code in this particular
case. The Law of Municipal Corporations was
considered as a special law in the context of Art. 424 of
the NCC.
Properties of public dominion devoted to public use are
outside the commerce of men and cannot be disposed
of or leased by the LGU to private persons. LGUs have
no authority to control or regulate the use of public
properties unless specific authority is vested upon them
by Congress (Macasiano vs. Diokno GR N. 97764,
August 10, 1992).
O WNERSHIP
It is the independent and general right of a person to
control a thing particularly in his possession, enjoyment,
disposition, and recovery, subject to no restrictions except
those imposed by the state or private persons, without
prejudice to the provisions of the law.
Ownership and possession are two distinct legal concepts
(Garcia vs Court of Appeals, G.R. 133140, August 10,
1999).
Kinds of Ownership:
1.Full ownership (dominium or jus in re propria) -
includes ALL the rights of an owner.
2.Naked ownership (nuda proprietas) the bare title to
property; where the right to the use and fruits has been
denied
3.Beneficial ownership/ Usufruct right to enjoy the
use and fruits of a property. Beneficial use, ownership
or interest in property is the right to its enjoyment in one
person where the legal title is in another.
 Note: Naked ownership + Beneficial ownership = Full
ownership
4.Sole Ownership one where the ownership is vested
in only one person.
5.Co-ownership when the ownership is vested in two
or more persons.
Subject Matter (Art. 427)
1. Thing - usually refer to corporeal property
2. Right - whether real or personal, are classified as
incorporeal property
Rights of an Owner under Art. 428
1. Right to enjoy
2. Right to dispose
3. Right to recover
Seven Attributes of Ownership:
1. Jus possidendi the right to possess. It is different from
ownership (judgment of ownership does not include the
right to possess except when claim of possession is
based upon the claim of ownership)
2. Jus utendi the right to use and enjoy; it may also
include the right to exclude any person from enjoyment
and disposal of the thing (Relate to Arts. 429 and 431).
3. Jus fruendi the right to enjoy the fruits (natural,
industrial, and civil). Possessor in good faith (Art. 544),
usufructuary (Art. 566), lessee of agricultural land (Art.
1676) and antichretic creditor (Art. 432) are entitled to
the fruits even if they are not the owner.
4. Jus accessiones the right to accessories.
5. Jus abutendi the right to abuse or to consume.
Subject to the provisions of law (e.g. disposition of
wealth to the prejudice of others).
6. Jus disponendi includes the following rights:
a. To destroy
b. To alienate
c. To transform
L EGAL R EMEDIES TO R ECOVER P OSSESSION
Remedies Definition
Personal Property
Replevin A remedy for the recovery of possession of
personal property which is governed by
d. To encumber
e. Not to dispose.
7. Jus vindicandi right of action against the holder and
possessor of the thing or right in order to recover it.
Characteristics: (EG-PIE)
1. Elastic power/s may be reduced and thereafter
automatically recovered upon the cessation of the
limiting rights.
2. General the right to make use of all the possibilities or
utility of the thing owned, except those attached to other
real rights existing thereon.
3. Perpetuity ownership lasts as long as the thing exists.
It cannot be extinguished by non user but only by
adverse possession.
4. Independence it exists without necessity of any other
right.
5. Exclusive there can only be one ownership over a
thing at a time. There may be two or more owners but
only one ownership.
Limitations: (GOSIP)
1. General limitations imposed by the State for its benefit
power of taxation, police power, and power of eminent
domain.
2. Limitations imposed by the owner himself
3. Specific limitations imposed by law e.g. legal
easement; requirement of legitime in succession.
4. Inherent limitations arising from conflict with other rights
5. Limitations imposed by the party transmitting the
property either by contract or by will
OF P ROPERTY
Issue Jurisdiction Prescription
Physical RTC or MTC 4 years (if possession
Possessio (depending in good faith)
 San Beda College of Law
2010 Centralized Bar Operations

Rule 60 of the Rules of Court. n on the

1. As a form of principal remedy to regain amount) 8 years (without other
possession conditions) (Art. 1132)
2. As a form of provisional remedy to from the time the
retain what has been wrongfully detained possession thereof is
pendente lite. lost

Exception: when the property is under

custodia legis.
Real Property
1. Accion Interdictal A summary action to recover physical or
material possession of property
a. Forcible Entry An action for recovery of material Possessio MTC 1 year from the date of
possession(possession de facto) of real n de facto actual entry on the land
property when a person originally in
possession was deprived thereof by Force,
Intimidation, Strategy, Threat; or,
Stealth(FISTS).

Rationale: Irrespective of the actual

condition of the title to the property, the
party in peaceable, quiet possession shall
not be turned out by strong hand, violence
or terror. (Javier v. Veridiano, G.R. No. L-
48050. October 10, 1994)

Actual possessors who can prove prior

possession can recover such possession
even against the owner himself. Whatever
may be the character of such possession, if
he has in his favor priority in time, he has
the security that entitles him to remain on
the property until he is lawfully ejected by a
person having a better right by accion
publiciana or accion reinvindicatoria.
(German Management & Services v. Court
of Appeals, G.R. No. L-76216, September
14, 1989)
b. Unlawful detainer An action for recovery of possession of any Possessio MTC 1 year from the date of
real property by a landlord, vendor, vendee, n de facto last demand to vacate
or other person against whom the
possession of the same was unlawfully If there is a fixed period
withheld after the expiration or termination for termination of the
of the right to hold possession lease, lease ends
automatically without
A person or squatter who occupies the land need of demand, one
of another at the latters tolerance or year period is reckoned
permission, without any contract between from the expiration of
them, is necessarily bound by an implied the lease (Paras, Vol.
promise that he will vacate upon demand, II, p.107)
failing which, a summary action for
ejectment or unlawful detainer is the proper If the reason for
remedy against him. (Yu v. De lara, et.al., ejectment is non-
L-16084. November 30, 1962) payment of rent or non-

11
 fulfillment of the
conditions of the lease,
one year period is
reckoned from the date
of demand to vacate
(Paras, Vol. II, p.107)
2. Accion Publiciana An ordinary civil proceeding to recover Possessio RTC 10 years from the time
possession of property and is resorted to n de Jure the cause of action
when the dispossession has lasted for arises.
more than 1 year.

Kinds of Accion Publiciana:
a. That where the entry was not obtained
thru FISTS or failure to state that
deprivation was caused by FISTS. This
can be brought as soon as the
dispossession takes place, without
waiting for the lapse of 1 year. (Gutierrez
v. Rosario. 15 Phil. 116; Gumiran v.
Gumiran, 21 Phil. 17).
b. That where the one-year period for
bringing forcible entry or unlawful
detainer has already expired.
3. Accion An action to recover real property based on Ownership RTC 4 years if based on
Reinvindicatoria OWNERSIHIP fraud from the issuance
of certificate of title
over property.
10 years if based on
implied or constructive
trust.
Imprescriptible when
plaintiff is in possession
of property.
Ancillary Remedies
1. Writ of Possession Writ of execution commanding the sheriff Court where Imprescriptible
to enter into the land and give the the case is
possession thereof to the entitled person pending
2. Writ of preliminary Injunction requiring the defendant to do Court where 10 days from filing in
injunction something the case of case of forcible entry
unlawful 10 days from the time
detainer or the appeal is perfected
forcible entry in case of unlawful
is pending detainer
 Forcible Entry and In an action to recover,
Unlawful Detainer; the plaintiff must rely
Distinguished on the strength of his
Forcible Entry Unlawful Detainer title and not on the
weakness of the
As to when possession became unlawful
defendants claim (Art.
ssession of the defendant Possession is inceptively 434)
unlawful from the lawful but becomes illegal
ginning as he acquires from the time defendant Reasons:
session by force, unlawfully withholds
a. There is a possibility
midation, strategy, threat possession after that the neither the
stealth expiration or terminationplaintiff
of nor the
his right thereto. defendant is the true
As to the necessity of demand owner of the
property.
previous demand for the Demand is jurisdictional if
b. The one in
endant to vacate is the ground is non
possession is
essary payment of rentals or
presumed to be the
failure to comply with the
owner, and he
lease contract
cannot be obliged to
to necessity of proof of prior physical possession show or prove a
intiff must prove that he Plaintiff need not have better title.
s in prior physical been in prior physical c. The possessor in the
session of the premises possession concept of an owner
l he was deprived is presumed to be in
reof by the defendant good faith.
d. He who relies on the
existence of a fact,
As to when the 1 year period is counted from
should prove that
year period is generally 1 year period is counted fact.
nted from the date of from the date of last
ual entry on the land demand or last letter
If claims of of both plaintiff
demand and defendant are weak,
judgment must be for the
Requisites in an action defendant, for the latter,
to recover (Art. 434) being in possession, is
1. Proof of identity of the presumed to be the
Property owner, and cannot be
obliged to show or prove
He must fix the identity a better title (Santos v.
of the land claimed by Espinosa, 26 Phil. 398).
describing the location,
area, and boundaries It is permissible to file
thereof. both an accion
reivindicatoria, and
Failure to prove the accion interdictal or
boundaries of the land, accion publiciana over
action to recover will the same land, and
necessarily fail between the same
(Santiago v. Santos, parties, because the
G.R. No. L-20241 issues involved are
November 22, 1974) different. In the former,
the issue is
2. Proof of title OWNERSHIP; in the
latter, POSSESSION.
The only right granted by
law in favor of the
mortgagee is to demand
the execution and the
recording of the
document in which the
mortgage is formalized.
As a general rule, the
mortgagor retains
possession of the
mortgaged property since
a mortgage is merely a
lien and title to the
property does not pass to
the mortgagee. A simple
mortgage does NOT give
the mortgagee a right to
the possession of the
property unless the
mortgage should contain
some special provision to
that effect (Isaguirre v.
De Lara, G.R. No.
138053).
The prevailing party in a
land registration case
cannot be placed in
possession of the area
while it is being occupied
by one claiming to be an
agricultural tenant
pending a declaration
that the latters
occupancy was unlawful
(Heirs of Roman Soriano
v. CA, G.R. No. 93401.
June 26, 1991).
Principle of Self-Help
(Art. 429)
The owner has the right
to exclude any person
from the enjoyment and
disposal of the property
by the use of such force
as may be necessary to
repel or prevent actual or
threatened unlawful
physical invasion or
usurpation of his
property.
Requisites: (ROAD)
1. Reasonable force
2. Owner or lawful
possessor is the
person who will
exercise
3. Actual or threatened
physical invasion
or usurpation
4. No Delay in ones
exercise
General Rule: A person
cannot interfere with the
right of ownership of
another.
Exception: Doctrine of
Incomplete Privilege or
State of Necessity (Art.
432).
Note: A third person,
who is not the possessor,
may repel the unlawful
aggression on a property
owned by another. In
such event, he is acting
as a negotiorum gestor.
The owner or possessor
must indemnify him for
injuries sustained while
exercising such right.
Correlation:
Art. 11 of the RPC on
self-defense includes not
only defense to a mans
person, but also that of
his rights to property.
Thus, the doctrine of self-
help can be applied in
the criminal law
The actual invasion of
property may consist of:
1) a mere disturbance of
possession; or 2) a real
dispossession.
The rules are:
a. If it is mere disturbance
of possession, force
may be used against it
at anytime as long as it
continues, even
beyond the prescriptive
 period for an action of period, said tenants Right to Enclose or claim indemnification for
forcible entry. are considered as Fence (Art. 430) the injury or damage
lawful possessors. Every owner may suffered (Andamo v. IAC,
Example: If a ditch is Thus, the real owner enclose or fence his land G.R. No. 74761.
opened by P in the did not have the right or tenements by means November 6, 1990).
land of J, the latter to use force against of walls, ditches, live or
may close it or cover it the possessors of the dead hedges, or by any An owner cannot be
by force at anytime. land for the sole other means without debarred from the
reason that there was detriment to servitudes legitimate use of his
b. If it consists of a real no actual and unlawful constituted thereon. property simply because
dispossession, force to physical invasion or it may cause a real
regain possession can usurpation of property Thus, damages arising damage to his neighbor
only be used for it is absurd to from the act of the owner (Higgins Oil & Fuel Co.
IMMEDIATELY after accuse the lawful in building a fence within vs Guaranty Oil Co., 145
the dispossession. possessor of invading the latters lot is la 233, 82 So. 206, as
the property that he considered damnum cited in Tolentino).
Example : If J, without legally possessed absque injuria, since it is
Ps permission, picks (Caisip v. People, G.R. the owners legal right to Doctrine of Incomplete
up a book belonging to No. L-28716, do so (Custodio v. Court Privilege or State of
the latter and runs off November 18, 1970). of Appeals, G.R. No. Necessity (Art. 432)
with it, P can pursue J 116100, February 9, Authorizes the
and recover the book However, in another 1996). destruction of a property
by force. criminal case, the which is lesser in value to
Court sustained the Obligation to respect avert the danger poised
c. If the property is use of force under Art. the rights of others to another property the
immovable, there 429, whereby a private (Art. 431) value of which is much
should be no delay in corporation sought to The owner of a thing greater.
the use of force to take over a land by cannot make use thereof
recover it; a delay, fencing the same in such manner as to Basis: There is no
even if excusable, without authority or injure the rights of a third unlawful aggression
such as when due to court order. Because of person (Sic utere tuo ut when a person or group
the ignorance of the this, accused Pletcha alienum non laedas). of person acts pursuant
dispossession, will bar who owns the same to the right given in a
the right to the use of land which he had Adjoining landowners state of necessity.
force. Once the been cultivating for 19 have mutual and
usurpers possession years, through force, reciprocal duties which Note: It is also for the
has become firm by fought off and require that each must purpose of protecting the
the lapse of time, the prevented the workers use his own land in a actor himself or another
lawful possessor must from constructing the reasonable manner, so person at the expense of
resort to the competent fence. In a grave as not to infringe upon the owner of the property
authority to recover his coercion case, the the rights and interests of who has no part in the
property (Tolentino, Supreme Court others. The structures state of necessity.
Vol. II, p. 54, as cited acquitted the accused, must be so constructed
in the Criminal law holding that the use of and maintained using all The owner of the
book of Luis B. such necessary force reasonable care so that sacrificial property is
Reyes). to protect proprietary they cannot be obliged to tolerate the act
or possessory rights dangerous to adjoining of destruction but subject
Where tenants were constitutes a justifying landowners and can to his reimbursement by
given a certain period circumstance under withstand the usual and all those who benefited
within which to vacate our penal laws (People expected forces of thereby.
the premises, the act v. Pletcha, G.R. No. nature. If the structures
of the owner in 19029, June 27, cause injury or damage The person benefited is
dragging said tenants 1977). to an adjoining not necessarily the
is not justified under landowner or a third interferer.
Art. 429. During said person, the latter can
Basis : The benefit
derived.
Requisites: (ID)
1. Interference necessary
to avert an imminent
and threatened danger
2. Damage to another
much greater than
damage to property
Rule on the
Deprivation of
Property
If the deprivation is in the
exercise of the power of
eminent domain, no
person shall be deprived
of his property except by
competent authority and
for public use and always
upon payment of just
compensation (Art. 435).
The ownership of the
property is transferred
upon payment. If
conditional, ownership
reverts to the original
owner when the property
is no longer needed for
the purpose for which it
was expropriated (De
Leon, Civil Code of the
Philippines, 2008 ed.)
If the condemnation or
seizure of property is in
the exercise of police
power 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 (Art. 436).
Surface Rights (Art.
437)
The owner of a parcel of
land is the owner of its
surface and everything
under it.
Note: Horizontally:
extends up to the
boundaries
Vertically: extends below
the surface and above it
to the extent required by
the economic interest of
or utility to the owner, in
relation to the
exploitation that may be
made of the property
Airspace: the owner
cannot complain of the
reasonable requirements
of aerial navigation
The rights over the land
are indivisible and that
the land itself cannot be
half-agricultural and half-
mineral. The
classification must be
categorical the land General
must be either
completely mineral or
completely agricultural.
In the instant case, the
land which was originally
classified as forest land
ceased to be so and
became mineral and 1. Discovery was made
completely mineral
once the mining claims
were perfected. As long
as mining operations
were being undertaken
thereon, or underneath, it
did not cease to be so
and become agricultural,
even if only partly so,
because it was enclosed
with a fence and was
cultivated by those who
were unlawfully
occupying the surface.
(Republic v. CA, Dela
Rosa, G.R. No. L-43938,
April 15, 1988).
Restrictions:
1. Servitudes or
easements
2. Special laws
3. Ordinances
4. Reasonable It is necessary that no
requirements of aerial known owner appears.
navigation Hence, that money
5. Principles on human found in a library, when
relations or rights of the books were delivered
third persons. to the legatees in a
testamentary proceeding,
Hidden Treasure (Arts. could not be considered
438 & 439) a treasure because it
Requisites for the was shown that the
property to be library had been used by
considered HIDDEN the testator and that
TREASURE: money consisted, in
1. Hidden and unknown greater part, of this kind
deposit (such that in circulation during the
finding it would indeed life of the testator (1
be a discovery); Capistrano 394).
2. Consists of money,
jewelry, or other AND BY CHANCE
precious objects; by good luck, implying
3. Their lawful ownership that one who intentionally
does not appear. looks for the treasure is
embraced in the
Rule: It provision.
belongs to the owner of
the land, building or other Reason:It is extremely
property on which it is difficult to find hidden
found. treasure without looking
for it deliberately, for in
Exceptions: The finder many instances, the
is entitled to provided: treasure is buried (Paras,
Civil Code of the
on the property of Philippines Annotated,
another, or of the State Volume II, 2008 ed., p.
or any of its political 196).
subdivisions;
2. The finding was made In case of a usufructuary,
by chance; he shall be considered a
3. The finder is not a co stranger with respect to
owner of the property hidden treasure which
where it is found; may be found on the land
4. The finder is not a or tenement (Art. 566).
trespasser; This means that the
5. The finder is not an usufructuary does NOT
agent of the get a share. However, if
landowner; he is the finder, he gets
6. The finder is not one half as such finder.
married under the
absolute community or If the finder is a paid
the conjugal laborer of the landowner,
partnership system a distinction must be
(otherwise his share made. If he discovered
belongs to the the property by chance,
community). he gets half. If he had
been employed precisely 1. Accession Discreta Reason: First, it is land nor based on
to look for the treasure, the right pertaining to not known who the the value thereof
he will get nothing insofar the owner of a thing male is. Second, (Bachrach Motor Co.
as the treasure is over everything during the vs. Talisay-Silay
concerned; but he will get produced thereby pregnancy of the Milling Co. GR No.
his wages or salary. (3 female, its owner 35223, September
Manresa 165-166, cited Reason: justice pure is greatly 17, 1931).
in Paras). and simple for one who burdened by the
owns the thing should consequential Right of Owner to
Where things discovered justly enjoy the fruits expenses and the Fruits (Art. 441)
do not qualify as a virtual
hidden treasure, the rules Requisites: uselessness of the General Rule: To the
on occupation, as a a. Increase or animal, and it is owner of the principal
mode of acquiring addition to the only fair that when belongs the natural,
ownership, would be original thing; the young is born, industrial, and civil
applicable. b. At repeated the owner should fruit.
intervals; gain, or at least
Accession (Arts. 440- c. By inherent recover his loss. Exceptions : Instances
475) forces. when the owner of the
The right by virtue of b. Industrial fruits land does not own the
which the owner of a Fruits those produced by fruits: (PULPA)
thing becomes the owner All periodical additions lands of any kind a. Possessor in good
of everything that is to a principal thing through cultivation or faith;
produced thereby or produced by forces labor b. Usufructuary;
which is incorporated or inherent to the thing c. Lessee of rural
attached thereto, either itself. Perennial crops lands;
naturally or artificially. growing per season d. Pledgee or
Kinds of Fruits (Art. without the need of e. In possession of an
Art. 440 do not apply to 442) replanting are natural antichretic creditor
property of public a. Natural fruits fruits.
domain. i. Spontaneous Obligation of
products of the Annual crops planted Recipient of Fruits to
Accession is not a mode soil; and each year are Reimburse
of acquiring ownership. It ii. The young and industrial fruits. Necessary Expenses
is merely an incidence or other products of of Third Persons
consequence of animals. c. Civil fruits (Art. 443)
ownership. i. Rents of buildings;
Rule of Partus ii. Price of leases or General Rule:
Basis: It presupposes a Sequitur lands; and, NECESSARY (not
previously existing Ventrem (the iii. The amount of luxurious) expenses of
ownership by the owner offspring follows perpetual or life PRODUCTION,
over the principal which the annuities or other GATHERING and
is not necessary in dam/mother): similar income PRESERVATION
modes of acquiring To the owner of (whether more or less
ownership. the female Bonus to planters for than the value of the
animals would the risk undergone in fruits) must be borne
Accessories also belong the mortgaging property by the receiver of the
Things joined to or young of such is NOT a civil fruit of fruits.
included with the animals although the mortgaged
principal thing for the this right is lost property having no Applies where:
latters embellishment, when the owner immediate relation to a. The owner of the
better use, or completion mixes his cattle the property but only property recovers
with those of a remote and the same from a
Classifications: another. accidental relation, possessor and the
not derived from the latter has not yet
 received the fruits appear from the b. With respect to contrary is proved (Art.
although they may ground. personal property 446)
have already been b. Plants and trees i. Adjunction or
gathered or living for years, and conjunction Note: Art. 445 is
harvested; or producing periodic ii. Commixtion or applicable only if the
b. The possessor had fruits they deemed confusion owner of the land is
already received the to exists from the iii. Specification known.
fruits but is ordered time they actually
to return the same to appear on the plants Basic Principles: Accession Industrial
the owner or trees. (GONE BAD)
c. Animals they are 1. He who is in good faith Table of Rights and
Note: The above deemed to exist at may be held Obligations:
provision is not the beginning of the responsible but will not Builder,
Landowner Owner of th
applicable when the maximum period of be penalized. Planter, Sower
(LO) Materials (O
planter is in good faith gestation. 2. To the owner of a thing (B,P,S)
because in this case, d. Fowls the fact of belongs the extension
Good Faith Good Faith Good Faith
he is entitled to the appearance retroact or increase of such a. Right of a. Collect valu
fruits already received; to the beginning of thing. improvements retention for materials
hence there is no incubation. 3. Bad faith of one party pay to B, necessary and primarily fr
necessity of neutralizes theP, Sbad indemnity; useful expense B, P,
reimbursing him (Art. 2. Accession Continua faith of the other. b. Pay value of subsidiarily
544). the right pertaining to 4. There should Sell be no land to B materials to from l
the owner of a thing unjust enrichment at
or P except if owner of owner if B, P
Exception: The rule over everything that is the expense of others.
the value of materials insolvent
does NOT always incorporated or 5. Bad faith involves the land is b. Remo
apply to pending fruits. attached thereto either liability for damages.
considerably only if with
naturally or artificially; 6. Accessory follows the injury (4
When Natural fruits by external forces. principal. Rent to S 447)
and Industrial fruits 7. Accession exists(448,only if 546,
deemed to exist (Art. Reasons: economic the incorporation is
444) convenience is better such that separation
Subsidiarily
CIVIL fruits are easily attained in a state of would either seriously
liable to owner
prorated for under Art. single ownership than damage the thing or
of materials .
544 they are deemed in a co-ownership and diminish its value.
to accrue daily and natural justice
Good Faith Good Faith Bad Faith
belong to the demands that the Right of Accession
a. Right of Lose th
possessor in good faith owner of the principal With Respect to Real
improvements retention for without right
in that proportion. should also own the Property
and pay necessary and indemnity (449
accessory. General Rule:
indemnity to B, useful
NATURAL and Whatever is built, planted
expenses
INDUSTRIAL fruits, a. With respect to real or sown on the land of
Sell to B, P b. Keep
while still property another and the
except if the building,
ungathered are real i. Accession improvements or repairs
value of land is planting or
property. The industrial -- made thereon belong to
considerably sowing w/o
following rules apply Building, the owner of the land
more, forced indemnity to
in determining the Planting, subject to the provisions
owner of
time when they Sowing of Arts. 447-456 (Art.
materials and
deemed to exist: ii. Accession natural 445) and Art. 120 of the
collect
a. Plants producing -- Alluvium, Family Code.
damages (546,
one crop only and avulsion, change
liability for cost of 449)
then perish of course of rivers, Presumption: All works,
deemed manifest or formation of sowing, and planting are
existing from the islands presumed made byGood the Faith Bad Faith Bad Faith
time their seedlings owner and at his a. Recover a. Recover va
expense, unless theimprovement necessary from B, P
 Builder, Builder, to another co-owner forced coownership
Landowner Landowner
Owner of the Owner of the
Planter, Sower Planter, Sower which was however especially where the
(LO) (LO)
Materials (OM) Materials (OM)
(B,P,S) (B,P,S) made in good faith, then parties agree that Arts.
w/o paying expenses for (as if both the provisions of Art. 448 448 and 546 are
ndemnity and preservation acted in good should apply to applicable and indemnity
ollect b. Lose faith)
Good Faith Bad Faith Gooddetermine
Faith the respective for the improvements
amages, or improvements b.
Acquire If w/oB, P,a. Recover
S a. Collect value the parties
rights of may be paid although
Demolition or w/o right to acquires necessary of (Ignao
materialsvs. Intermediate they differ as to the basis
estoration, indemnity from
indemnityimprovements,
and expenses and damages Court GR No.
Appellate of the indemnity. It is the
nd collect LO (452) remove (452, 443) from 72876,
B, P, S January 18, current market value of
amages, or unless the LO
damages; materials
OR ifb.w/oLose and 1991). the improvements which
Sell to B, P or sells land Sell to injury
B, P improvements subsidiarily should be made the
ent to S, and and rent to S w/o right of Does not apply where
from LO. basis of reimbursement
ollect and No collect
action against
retention from b. Removeones interest in the land to the builder in good
amages LO OR
damages; LO (452) is merely
materials in that of a holder faith (Pecson vs. CA, GR
Demolish or unless LO any event if B, a mere lessee
such as No. 94033, May 29,
y necessary restore and sells the land P, S under
acquiresa rental contract 1995).
enses to B, (Balucanag vs. Francisco
improvements
S (449, 450, damages. GR No. L-33422, May Article 448 refers to a
1) 30, 1983), an agent, or a land whose ownership is
Pay necessary usufructuary (Macasaet claimed by two or more
expenses to B, vs. Macasaet GR No. parties, one of whom has
Bad Faith 154391, September 30, built some works, or
Same as though all acted in good faith 2004). Lessees came sown or planted
Subsidiarily into possession of the lot something. It does not
Bad Faith Good Faith Good Faith by virtue of a contract of apply to a case where
liable to owner of
Acquire Remove a. Remove
(449, lease. They are then the owner of the land is
mprovements improvements in materials if w/o estopped to deny their the builder, sower, or
fter paying any event injury; landlords title or to planter who then later
Bad Faith Good Faith Bad assert
Faith a better title not loses ownership of the
ndemnity and b. Collect value of
amages to B, Be indemnified materials, Indemnity for No indemnity;
only in themselves, but land by sale or donation.
P, S for damages improvements & damages
primarily from also in some third person Where the true owner
pay indemnity &
B, P, S; Lose while
materials they remain in himself is the builder of
bsidiarily damages to B, P,
c.Subsidiarily Remove (449) possession of the land the works, the issue of
le to owner of S (454,447)from LO improvements in until they surrender such good faith or bad faith is
terials (454, 455) any event (454, possession to the entirely irrelevant. The
7, 455) 447) landlord (Munar v. CA). rule on good faith laid
The estoppel applies down in Article 526 of the
Application: Applies even though the lessor Civil Code shall be
only when the builder, had no title at the time. applied to determine the
Bad Faith Bad Faith Good Faith
planter or sower believes The relation of lessor and good faith of the builder
Acquire a. Right of a. Collecthevaluehas ofthe right to build, lessee may also be in Article 448 (Pecson v
mprovements retention for materials
plant or sow because he asserted by the CA GR No. 115814, et
fter indemnity necessary primarily
thinksfrom
he owns the land successors of the original al., May 26, 1995).
o B, P, S; OR expenses. B, orP, believes S; himself to lessor to the latters title
Sell to B, P b. Pay subsidiarily
have a claim of title (Feliciano v Sps. After the government
xcept: if the value of from L;(Morales vs. CA, GR No.
Zaldivar, GR. No sold the property of a
alue is materials to b. Collect126196, January 28,
162593, Sept 26, 2006). person due to non-
onsiderably owner of damages;1998). payment of taxes, the
more materials and c. If B, P, S
The provision on buyer moved for delivery
Rent to S pay him acquiresWhen the co-ownership indemnity in Art. 448 may not only of the lot, but
453, 448, damages (546, improvements
is terminated by partition be applied by analogy even the improvement.
46, 548, 455) 447) removeand it appears that the
considering that the Only the lot was sold.
materials
house ofin an erstwhile co- primary intent of the law The motion was granted
bsidiarily any owner eventhas encroached
is to avoid a state of subject to the condition of
le to owner of (447, 455)
upon a portion pertaining
reimbursement of the
value of the
improvement. Reason:
he is a builder in good
faith. He was still the
owner of the lot when he
constructed the
improvement (Nuguid v
CA GR No. 151815,
February 23, 2005).
Cases not covered:
1. Other provisions of law
(e.g. usufruct, lease,
agency, co-ownership)
Exception: In case of
termination of co-
ownership, rights
provided in Art. 448
may apply (Ignao vs
IAC, G.R. No. 72876,
January 18, 1991).
2. Improvement
constructed on ones
own land subsequently
sold
3. Builder, a belligerent
occupant
4. Constructions not in
the nature of buildings
5. Property of public
dominion
Options of the
landowner:
The landowner can
choose between
appropriating the building
by paying the proper
indemnity or obliging the
builder to pay the price of
the land, unless its value
is considerably more
than that of the
structures, in which case
the builder in good faith
shall pay reasonable
rent. If the parties cannot
come to terms over the
conditions of the lease,
the court must fix the
terms thereof (Rosales,
et al. v. Castellfort, et al.,
Oct 5, 2005).
The landowner may not
refuse both to pay for the
building or to sell the land
and, instead seek to
compel the owner of the
building to remove the
building from the land.
He is entitled to such
removal ONLY when,
after having chosen to
sell the land, the other
party fails to pay for said
land (Ignacio vs. Hilario
GR No. L-175, April 30,
1946).
Should no other
arrangement be agreed
upon, the owner of the
land does not
automatically become the
owner of the
improvement (Filipinas
Colleges, Inc. vs.
Timbang G.R. No. L-
12812, September 29,
1959).
Right to choose:
The option to appropriate
the building or sell the
land belongs to the
landowner. The only right
of the builder in good
faith is the right to
reimbursement, not to
compel the owner of the
land to sell. The option is
not to buy but to sell. The
option is given to the
landowner because his
right is older, and
because of the principle
of accession, he is
entitled to the thing
attached to his land.
(Quemuel v Olaes GR
No. L-11084, April
29,1961). Not even a
declaration of the
builders bad faith shifts
the option to him per
Article 450 of the CC
(Germiniano, et al. v. CA
et al. GR No. 120303,
July 24, 1996).
The so-called workable
solution suggested in
the case of Grana vs. CA
(GR No. L-49219, April
18, 1988, where the
Court ordered the owner
of the land to sell to the
builder, etc. the part of
the land intruded upon
thereby depriving him of
his right to choose
because it would be
impractical to choose the
first alternative for the
whole improvement
might be rendered
useless, is contrary to the
explicit provisions of Art.
448 to the effect that
"(t)he owner of the
landshall have the right
to appropriateor to
oblige the one who
built. to pay the price of
the land" The law is
clear and unambiguous
when it confers the right
of choice upon the
landowner and not upon
the builder and the courts
(Ignao vs. IAC, Iganao
and Ignao, GR No.
72876 January 18,
1991).
Reasons why the
option is given to the
landowner:
1. His right is older
2. By the principle of
accession, he is
entitled to the
ownership of the
accessory thing.
Reason for the law:
The raison detre for the
law is that, where the
builder, planter or sower
has acted in good faith, a
conflict of rights arises
between the owners, and
it becomes necessary to
protect the owner of the
improvements without
causing injustice to the
owner of the land. In view
of the impracticability of
creating a state of forced
co-ownership, the law
has provided a just
solution (Depra v
Dumlao GR No. L-
57348, May 16, 1985).
Note: Art. 448 is not
mandatory. There is
nothing, however, in the
law to prevent the parties
from agreeing to adjust
their rights in some other
way.
Who is a builder in
good faith?
To be considered a
builder in good faith, it is
essential that a person
asserts title to the land in
which he builds; i.e., that
he be a possessor in the
concept of an owner and
that he be unaware that
there exists in his title or
mode of acquisition any
flaw which invalidates it.
Rights of the builder in
good faith:
1. He has the right to be
reimbursed the value
of the improvement.
He has the right of
retention until fully
reimbursed.
2. The builder in good
faith cannot be
compelled to pay
rentals during the
period of retention. He
cannot be ordered to
vacate.
3. The owner of the land
cannot offset the
necessary and useful
expenses with the
fruits received by the
 builder in good faith. not called no longer be to acquisition thru
Otherwise, the security alluvium/accretion but identified. prescription by third
would be impaired. foreshore land. As persons (Reynante vs.
(Rosales v Castellfort, such, it is part of the An alluvion is CA, GR No. 95907,
G.R. No. 157044 , Oct public domain (Heirs of automatically owned April 8, 1992).
15, 2005) E. Navarro vs. by the riparian owner
Intermediate Appellate from the moment the A riparian owner
Accession Natural Court GR No. 68188, soil deposit can be cannot acquire the
1. Alluvion or Alluvium October 13, 1997). seen but the additional addition to his land
(Art. 457-458) area does not caused by special
Increment which lands Requisites of automatically become works (e.g., dikes)
abutting rivers alluvion or accretion: registered land just expressly intended by
gradually receive as a a. The deposit or because the lot which him to bring about
result of the current of accumulation of soil receives such accretion (i.e., for
the waters or sediment must be accretion is covered by reclamation purposes)
gradual and a Torrens title. The and not to protect his
Accretion the imperceptible riparian owner must property from the
process by which a (increase must be register the additional destructive force of the
riparian land gradually comparatively little); area (Heirs of E. waters of the river
and imperceptibly b. The accretion Navarro vs. (Republic vs. CA, GR
receives addition made must result from the Intermediate Appellate No. L-43105, August
by the water to which effects or action of Court, supra) within 50 31, 1984).
the land is contiguous the current of the years.
water; Art 457 excludes all
c. That the land Accretions on the bank deposits caused by
where accretion of a lake belong to the human intervention.
takes place is owners of the estate to Alluvion must be the
adjacent to the bank which they have been exclusive work of
of the river; added (Govt vs nature (Vda De
d. The river must Colegio de San Jose, Nazareno, et al. v. CA,
continue to exist; G.R. No. L-30829 GR. No. 98405, June
e. The increase August 28, 1929, as 26, 1996).
must be cited in Paras).
comparatively little. In the absence of
Registration under evidence that the
Reasons for the rule: Torrens System does change in the course
a. To compensate not protect the riparian of the river was
Alluvion and the owner for losses owners against the sudden, the
Accretion which they may diminution of the area presumption is that the
Distinguished suffer by erosion; of his registered land change was gradual
b. To compensate
Riparian owner them for the burdens Alluvion Accretion
Is the owner of the of legal easements, Soil deposited on the estate Process by which the soil
land adjacent to the which are imposed fronting the river bank is deposited
river bank. upon them; Applies only to the soil Broader term
c. Because it is the deposited on river banks
Littoral owner owner of the
(Viajar v. Court of and was caused by
Is the owner of lands contiguous land who Appeals, G.R. No. alluvium and erosion
bordering the shore of can utilize the
772924. December 12, (Payatas-Estate
the sea or lake or other increment to the best 1988). Improvement Co. vs.
tidal waters. advantage;
Tuason GR No. L-
d. Because this is Failure to register the 30067, March 23,
If the increment is the only feasible
acquired alluvial 1929).
formed by the action of solution, since the deposit by accretion
the sea, the same is previous owners can
subjects said accretion
Effect of Public Lake a. The segregation Alluvium Avulsion
Service Is a body of water and transfer must be
Gradual and imperceptible Sudden or abrupt proces
Constructions or formed in depressions caused by the
Easements on River of the earth, ordinarily current of aSoil RIVER,
cannot be identified Identifiable and verifiable
Banks fresh water, coming CREEK or
Belongs to the owner of the Belongs to the owner fro
a. If a public from rivers, brooks or TORRENT
property to which it is whose property it w
service construction, springs and connected b. The segregation
detached
like a railroad or a by the sea by them. and transfer must be
road, is made on a sudden or abrupt
river bank, it is the 2. Avulsion (Art. 459) c. The portion of Reasons for
government or the The transfer of a land transported Removal
railroad company known portion of land must be known or a. The segregated
which will own the from one tenement to identified portion is usually
accretion. another by the force of very small
b. If instead of a the current. The River b. If the area is large
public service portion of land must be A natural stream of there is a need to
construction, there is such that it can be water, of greater claim for its value
only an easement for identified as coming volume than a creek or within 2 years
the benefit of from a definite rivulet flowing, in a c. If there is no need
navigation, floatage, tenement. more or less for claim, ill feeling
fishing and salvage, permanent bed or may arise between
the right of the Also called force of channel, between well the neighbors
riparian owner the river since it defined banks or walls, d. To prevent legal
subsists, because in implies a violent with a current which absurdities
easements, the tearing or breaking may either be e. To prevent
owner of the servient away. continuous in one permanent
estate does not lose direction or affected by attachment
his ownership over It may also be referred the ebb and flow of the
the portion covered. as delayed accession tide. In the absence of
in the sense that if the evidence the
Estates Adjoining owner abandons the Creek presumption is that the
Ponds or Lagoons soil involved, or fails to Is a small stream less change was gradual
Owners of such do not remove the same than a river; a recess and was caused by
acquire the land left within two years, the or inlet in the shore of alluvium and erosion
dry by the natural land to which it has a river, and not a (Payatas-Estate
decrease of the been attached separate or Improvement Co. vs
waters, or lose that acquires ownership independent stream Garcia, L- 12730,
inundated by them in thereof. though it is sometimes August 22, 1960).
extraordinary floods used in the latter
Art. 458 meaning.

Pond Torrent
Is a body of stagnant Is a violent, rushing,
water without an outlet turbulent stream.

Lagoon Removal within 2

Is a small lake, years: The owner
ordinarily of fresh must remove (not
water and not very merely claim) the
deep, fed by floods, transported portion
the hollow bed of within two years to
which is bounded by retain ownership.
the elevation of the
land Alluvium and Avulsion;
Requisites: Distinguished
 makes a claim within 6 automatically
months. This does not becomes the owner
include trees which Indemnification of of the abandoned
remain planted on a owner of the land river bed
known portion of land upon which uprooted b. The owners of the
carried by the force of trees may have been land adjoining the
the waters. In the cast old bed shall have
latter case, the trees If he has incurred the right to acquire
are regarded as expenses for the same by paying
accessions of the land preserving them, as the value of the area
through gradual when he gathered occupied by the new
changes in the course them in a safe place bed.
of adjoining stream for eventual return, or c. Whenever a river,
(Payatas-Estate when he transplants changing its course
Improvement Co. vs. them, only for by natural changes,
Tuason GR No. L- preservation purposes, opens a new bed
30067, March 23, he is entitled to through a private
1929). indemnification. estate, this bed shall
become of public
If the owner of the land If he has done nothing, dominion.
upon which the trees he cannot demand
have been cast, indemnification Requisites:
transplanted them on UNLESS he has (CA 2PE)
Rule on Uprooted his own land, the suffered in any way a. There must be a
Trees (Art. 460) former owner may still and the real owner natural change in
Trees uprooted and recover the same benefited. the course of the
carried away by the within the period of six waters of the river;
current of the waters months (3 Manresa otherwise, the bed
belong to the owner of 244, as cited in may be the
the land upon which Tolentino). subject of a State
they may be cast, if the grant (Reyes
owners do not claim Puno, p.54).
them within 6 months. b. The change must
be abrupt or
If such owners claim sudden
them, they shall pay c. There must be
the expenses incurred abandonment by
in gathering them or the owner of the
putting them in a safe bed i.e. a decision
place. not to bring back
3. Change of Course of the river to the old
The 6-month period is Rivers (Art. 461462) bed. (Reyes
a condition precedent Rules: Puno, p.53).
and not a prescription. a. River beds which are d. The change must
After a claim is made abandoned through be permanent; the
within 6 months, an the natural change in rule does not
action may be brought the course of the apply to temporary
within the period by waters IPSO FACTO overflowing
law for prescription of belong to the owners e. The river
movables. (Refer to whose lands are continues to exist.
Art. 1140) occupied by the new
course in proportion River beds which are
In case of uprooted to the area lost. abandoned means
trees, the owner Ipso facto- the that where there is
retains ownership if he prejudiced owner abandonment by the
 government of its right ISOLATED or International Law
over the old bed, the SEPARATED piece of for discovery and
owner of the invaded land or any part occupation
land automatically thereof, the owner of considered as a
acquires ownership of such land retains definite mode of
the same without the ownership. acquiring
necessity of any formal territory).
Rationale: The
act on his part. No There is ISOLATION
nearer margin has
positive act is needed where the portion has b. If formed in
the better chances
on their part, as it is not physically moved. lakes, or navigable
of developing the
subject thereto ipso or floatable rivers
island in the
jure from the moment There is SEPARATION State; also a
interest of
the mode of acquisition when such portion has patrimonial property.
agriculture.
becomes evident. physically moved.
Navigable or
Right of Accession
In proportion to the floatable river if
With Respect to
area lost useful for floatage
Personal Property
contemplates two or and commerce,
more owners whose whether the tides
Basic Principle:
lands are occupied by affect the water or
Accession exists only if
the new bed. If only not; should benefit
separation is not feasible.
one owner has lost; he trade and
Otherwise, separation
gets the entire commerce.
may be demanded.
abandoned river bed.
c. If formed on
Kinds:
Note: The above nonnavigable or
A.Adjunction/
piece of land formed nonfloatable rivers:
conjunction (Arts.
by isolation or i. If nearer to one
466-471): The union of
separation, belongs margin or bank
two movable things
to the owner of to the nearer
belonging to different
property since no riparian owner
owners, in such a
accession takes
manner that they
place.
cannot be separated
without injury, thereby
5. Formation of islands
forming a single object
by successive
It does not apply to accumulation of
Requisites:
cases where the river alluvial deposits
1. The two things
simply dries up (Arts. 464-465)
must belong to
because there are no a. If formed on the sea:
different owners
persons whose lands i. Within territorial
2. That they form a
are occupied by the waters the
single object, or that
waters of the river. island/s belong to
their separation
the state; said
would impair their
The new river bed thus island/s is ii. If equidistant from
nature
formed become of considered both banks to
public dominion (Art patrimonial the riparian
Kinds: ISEPT
462). property. owners, by halves
a. Inclusion or
ii. Outside territorial
engraftment e.g.
4. Formation of Island waters to the
when a diamond is
by the branching off first occupant.
set on a gold ring
of a river (Art. 463) (This is in
b. Soldadura or
Whenever the current accordance with
soldering e.g.
of a river divides itself the principles of
when lead is fused
into branches, the Public
 to an object made separation Form of Indemnity to
of lead d. That of greater (Art. 469). Owner of Material
i. Ferruminacion merits take into b. If the (Art. 471)
if both the consideration all accessory is 1. Delivery of a thing
accessory pertinent much more equal in kind and
and principal provisions precious than value; or
objects are of applicable as well the principal, 2. Payment of price as
the same metal as the the owner of appraised by experts
ii. Plumbatura if comparative the accessory
the accessory merits, utility and may demand B.Mixture (Arts. 472-
and principal volume (Art. 475) the separation 473): It takes place
objects are of even if the when two or more
different With reference to a principal belonging to different
materials motor vehicle, the suffers some owners are mixed or
engine may be injury (Art. combined with the
c. Escritura or writing considered as the 469). respective identities of
e.g. when a principal, all the c. If the owner of the component parts
person writes on a other parts of the the thing has destroyed or lost.
paper belonging to vehicle being acted in bad
another regarded as mere faith (Art. 470). Kinds:
d. Pintura or painting accessories. 1. Commixtion
e.g. when a 2. Adjunction in bad mixture of solids
person paints on a Special Rule: In faith by the owner 2. Confusion
canvas belonging painting and of the principal mixture of liquids
to another sculpture, writings,
e. Tejido or weaving printed matter, Options of the Rules:
e.g. when threads engraving and owner of the 1. Mixture by will
belonging to lithograph, the accessory: of the OWNERS.
different owners board, metal, stone, a. To recover the a. Primarily, their
are used in canvas, paper, or value plus rights should be
making textile parchment, shall be damages; or governed by their
deemed the b. To demand stipulations;
Tests to determine accessory thing (Art. separation, b. In the absence of
principal in 468). even though it any stipulation,
adjunction: may be each owner
a. Test of Rules on who is necessary to acquires a right
Intention(Art. 467) Entitled: destroy the or interest in the
-to which the other 1. Adjunction in principal thing, mixture in
(accessory) has good faith by plus damages. proportion to the
been united as an either owner: value of his
ornament or for its 3. Adjunction in bad material mixed or
use or perfection General Rule: faith by the owner confused as in
b. That of greater Accessory of the accessory co-ownership.
value if they are follows the a. He loses the 2. Mixture caused
of unequal values principal accessory by an owner in good
(Art. 468) b. He is liable for faith or by chance.
c. That of greater Exceptions: damages a. Each owner
volume if they a. If the acquires a right
are of equal accessory can 4. Adjunction in bad or interest in the
values (Art. 468) be separated faith by both mixture in
without injury, owners-as though proportion to the
Art. 468 applies their respective both are in good value of his
when the rule in owners may faith material mixed or
Art. 467 is not demand their confused
applicable.
 3. By one owner in bad faith, the owner
Adjunction Mixture 2. The instrument, claim,
Specification
bad faith: of the material has encumberance, or
May involve one
a. He loses all his the option: procceding is
Involves at least 2 Involves at least thing (or more)
rights to his own a. To acquire the apparently valid or
2 things but form is
material result without effective;
changed
b. He is liable for indemnity; or 3. Such instrument, etc.
damages b. To demand Accessory is in truth and in fact,
Accessory follows Co-ownership
4. With the indemnitytheforprincipal
the follows the invalid, ineffective,
results
knowledge and material plus principal voidable, or
without the objection damages.Things joined Things mixed or The new object unenforceable (despite
of owner retain their nature confused may retains its or prima facie
a. As though both Exception to either retain or preserves appearance the of validity
acted in good faith exception: lose their nature ofor the legal efficacy), or
5. By the Owner of the respective has been extinguished
original object.
negligence of one of material cannot natures or terminated, or has
the parties appropriate the work been barred by
The negligent owner if the value of the extinctive prescription;
is liable for damages latter, for artistic or Q UIETING OF and T ITLE
C. Specification (Art. scientific reasons, is ( A r t s . 4 7 6 - 4 8 1 ) instrument, etc.
4. Such
474): The considerably more may be prejudicial to
transformation of than of the material Action to quiet title said title.
anothers material by Is a common law remedy
the application of labor. Effect of owner of for the removal of any General Rule: Only real
The material becomes the material in bad cloud upon or doubt or property could be the
a thing of different faith: uncertainty with respect subject matter of quieting
kind. Labor is the a. He loses the to title to real property. of title.
principal material;
b. He is liable for Purpose: to secure an Exception: Certain
General Rule: damages; adjudication that a claim personal properties like
1. Owner of the of title to or an interest in vessels may be the
principal (worker) in Indemnity of the property, adverse to that object of quieting of title.
good faith: material, how paid of complainant is invalid,
a. Maker acquires (Art 471): so that the complainant Nature: Actions for
the new thing 1. The delivery of the and those claiming under quieting of title are
b. He must indemnify same kind and him may be forever neither suits in rem nor
the owner of the value and in all afterward free from any suits in personam. They
material other respects to danger of hostile claim are suits against a
that employed; or particular person in
Exceptions: 2. The payment of Cloud on title respect to the res and the
a. If the material is the value, as per Is a semblance of title, judgment will apply only
more valuable expert appraisal. either legal or equitable, to the property in dispute.
than the resulting or a claim or a right in They are suits quasi in
thing, the owner of Note: In real property, appearing rem (Realty Sales
the material has determining the in some legal form but Enterprises, Inc. vs.
the option: value, sentimental which is, in fact, invalid or Intermediate Appellate
i. To acquire the value must be which would be Court GR No. L-67451,
work, taken into inequitable to enforce September 28, 1987).
indemnifying for account.
the labor; or Requisites for the Kind of action referred
ii. To demand Adjunction, Mixture existence of cloud: to:
indemnity for and Specification 1. There is an instrument, a. Remedial - action to
the material Distinguished record, claim, remove the cloud or to
encumbrance or quiet title to real
2 Owner of the proceeding; property or an interest
principal (worker) in
 therein (Art. 476 par legal or equitable title
1). to or interest over the
b. Preventive- action to parcels of land; hence,
prevent a future cloud he cannot validly
or doubt from being maintain an action for
cast upon the title to quieting of title.
real property or an
interest therein (Art. 2. There must be a cloud
476 par. 2). in such title;
c. There may also be an 3. Such cloud must be
action to quiet title or due to some
remove cloud instrument, record,
therefrom when the claim, encumbrance or
contract, instrument, proceeding which is
other obligation has APPARENTLY VALID
been extinguished or but is in truth invalid,
has been terminated or ineffective, voidable or
has been barred by unenforceable, and is
extinctive prescription prejudicial to the
(Art. 478). plaintiffs title (Art 476);
and
Reasons for allowing 4. Plaintiff must return to
the Action the defendant all
a. The prevention of benefits he may have
litigation received from the
b. The protection of the latter, or reimburse him
true title and for expenses that may
possession have redounded to his
c. The promotion of right benefit.
and justice
There may also be an
Requisites for an action to quiet title or
action to quiet title to remove a cloud there
prosper: (LCD-R) from when the contract,
1. Plaintiff must have a instrument or other
legal or equitable title obligation has been
to, or interest in the extinguished or has
real property, which is terminated, or has been
the subject matter of barred by extinctive
the action, but he need prescription (Art. 478).
not be in possession of
the property (Art. 477) Requisites for an
action to prevent a
In the case of Lucasan cloud:
v. PDIC (G.R. No. 1. Plaintiff has a title to a
176926, July 4, 2008), real property or interest
the Court ruled that a therein;
judgment debtor who 2. Defendant is bent on
failed to redeem the creating a cloud on the
property within the time title or interest therein.
provided for had lost The danger must not
whatever right he had be merely speculative
over the land in or imaginary but
question. Certainly, he imminent;
no longer possess any
3. Unless the defendant 6. Where the validity of
is restrained or the instrument involves
stopped, the title or pure questions of law
interest of the plaintiff
will be prejudiced or Note: An action for
adversely affected. quieting of title takes
precedence over an
Prescriptive Period: ejectment case to
1. Plaintiff in possession prevent multiplicity of
imprescriptible, suits (Luzurriaga vs Adil,
because the owner is G.R. No. L-58912 May 7,
given the continuing 1985).
aid by the court to
ascertain and The possession of the
determine the nature of actual possessor must be
such claim and its respected during the
effect on his title. He pendency of the case for
can wait until his quieting of title (Balbino
possession is vs Judge Ortega, 4
disturbed and attacked SCRA 1178).
before taking steps to
vindicate his right Duty of plaintiff to
(Coronel v IAC, GR restore benefits and
No. 70191, October expenses :
29, 1987). 1. Restoration is required
2. Plaintiff not in whenever the
possession 10 complainant is shown
(ordinary) or 30 years to be morally bound to
(extraordinary) or reimburse the
estoppels by laches defendant;
2. Even if the debt is not
The action to quiet title enforceable by reason
does NOT apply: of the statue of
1. To questions involving limitations, payment
interpretation of may be required by the
documents court (Art. 479).
2. To mere written or oral
assertions of claims, Reason: He who seeks
EXCEPT: equity must do equity.
a. If made in a legal
proceeding Purpose: To quiet title,
b. If it is being asserted not to obtain pecuniary
that the instrument interest.
or entry in plaintiffs
favor is not what it
purports to be Distinctions between Quieting of Title and
3. To boundary disputes Removing of Cloud and Preventing a Cloud
4. To deeds by strangers
Removing of Preventing
to the title UNLESS
Quieting of Title
Cloud Cloud
purporting to convey
the property of the As to Purpose
plaintiff To put an end to To procure the To remo
5. To instruments invalid litigation cancellation;
vexatious possible
on their face in respect to the delivery; release foundation for
property involved. of an instrument, future
 Distinctions between Quieting of Title and As to buildings: The fact beneficial to all of CoOwnership P
Removing of Cloud and Preventing a Cloud complainant must show them (Salvador vs. CA, Can be created Ca
that his property is G.R. No. 109910, April 5, without the onl
Removing of Preventing a Creation
ieting of Title adjacent to the 1995). formalities of a exp
Cloud
dangerous construction, contract imp
encumbrance or must have to pass by Requisites: Ha
or claim, which Has no juridical
necessity in the 1. Plurality of owners; per
constitutes a Personality or legal
immediate vicinity. 2. The object of dis
claim in plaintiffs personality
hostile claim. ownership must be a par
title, and Lack of knowledge of the thing or right which is Purpose is
which may be falling condition of the undivided; collective Pur
used to injure or structure will not excuse 3. Each coowners right Purpose
enjoyment of obt
to vex him in his the owner from liability. must be limited only to the thing
enjoyment of his ideal share of the Coowner can
his title. If the damage is caused physical whole. A
dispose of his
by defects in the unl
As to Nature of Action shares without
construction, then the Characteristics: aut
Preventive in the consent of
builder is responsible for (PSNCLG) can
medial in nature, to Preventive in Disposal of the others with
the damages (Art. 1723). 1. Plurality of of h
ure, involving a remove cloud nature, to Share the
subjects/owners sub
sent adverse which may be prevent a future transferee
As to trees: If by the fall 2. There is a single object ano
m. used for future cloud. automatically
of the tree, occasioned which is not materially par
actions. becoming a co
by the inaction or divided pla
owner.
As to Nature of Claims negligence of the owner, 3. There is no mutual There is no A
someone has been hurt, representation by the Mutual
intiff asserts Plaintiff declares mutual gen
the owner of the tree is coowners Agency
n claim and his own claim representation. the
lares that the and title, and at liable for damages under 4. It exists for the Distribution of
m of the the same time the law on quasi-delict common enjoyment of profits must be Dis
endant is indicates the (Art. 2191, par. 3). the coowners Distribution proportional to pro
ounded and source and 5. It has no distinct legal of Profits the respective to t
s on the nature of personality interests of the of t
C O -O WNERSHIP
6. It is governed first of all
endant to defendants coowners
ify his claim claim, pointing by the contract of the A coownership
Is that form of ownership parties; otherwise, by De
the property its defect and Effect of is not dissolved
which exists whenever special legal inc
t same may be prays for the Death or by the death or
an undivided thing or provisions; and in dis
ermined by the declaration of its Incapacity incapacity of a
right belongs to different default of such par
rt. invalidity. coowner.
persons (Art. 484). provisions, by the No public
Filed Against Whom Ma
provisions of Title III on instrument
Filed against By the nature of co coownership. any
Formal needed even if
d against defendant who ownership, a coowner wh
Requisites real property is
ople who have asserts claims cannot point to any Sources: (C 2LOST) pro
the object of the
ms; claims are based on an specific portion of the 1. Contract con
coownership
re invalid property owned in 2. Chance An agreement
neral in nature instrument (but common as his own 3. Law The
to keep the
not apparent) because his share in it 4. Occupation Agreement agr
thing undivided
remains intangible and 5. Succession as to a
for a period of
ideal (Avila et al. vs. Sps. 6. Testamentary Period with
more than 10
Barabat GR No. 141993, disposition or donation by
years is void.
May 17, 2006). inter vivos
RUINOUS BUILDINGS Co-ownership and
AND TREES IN The possession of a co Coownership and Joint Ownership;
DANGER OF FALLING owner is like that of a Partnership; Distinguished
(Arts. 482483): trustee and shall not be Distinguished
regarded as adverse to
the other coowner but in
 b. Interest of the renouncing his ownership will
CoOwnership
coownership share equivalent be prejudiced,
Each co-owner must not be to such taxes and as in the case of
Extent of owns his ideal prejudiced. expenses (Art. a house which
Ownership share in the 488). The value of is badly in need
whole property c. Other co the property at the of repair in order
owners must not time of the to prevent a
Each co-owner
be prevented renunciation will collapse, in
may dispose of
Right to from using it be the basis of the which case the
his ideal share
Dispose according to portion to be other co-owner
without the
Share their own rights. renounced. may proceed to
consent of the
have it repaired,
others
2. To s hare in the Repairs for and the co-
benefits and preservation may owner who has
In case of charges in be made at will of made a
death, the share proportion to the one of the co- previous
Effect of
of the co-owner interest of each owners, but he renunciation
Death
descends to his (Art. 485). must, if would still be
estate practicable, first liable.
Any stipulation to notify his co-
Prescription the contrary is owners of the BUT, he must, if
runs against all void because it is necessity for such practicable, first
Prescriptio co-owners, even contrary to the repairs (Art. 489). notify his co-
n if one of them essence of co- owners of the
happens to be a ownership) Rules on necessity for
minor renunciation: such repairs.
If a co-owner has a. If the
paid the taxes to renunciation is 5. To oppose
Rules: prevent forfeiture in favor of the alterations made
A. Rights of each co of the common CREDITOR who without the
owner as to the property for tax has not yet consent of all,
thing owned in delinquency, he been paid, said even if beneficial
common: could compel creditor must (Art. 491).
(USBRAPLDP) contribution from give consent.
1. To use the thing his co-owners. This is a case of Alteration
owned in common dacion en pago. An act by virtue of
(Art. 486). 3. To the benefits of b. If the which a coowner
prescription: renunciation is changes the thing
Limitations: prescription by made in favor of from the state in
a. Use according one coowner the CO- which the others
to the purpose benefits all. OWNER/S, a believe it should
for which it was novation (in the remain, or
intended. 4. Repairs and form of withdraws it from
taxes: To compel substitution of the use to which
Note: Mere the others to share debtor) would they desire it to be
tolerance on the in the expenses of result. Thus, intended. It is not
part of the co- preservation even consent of said limited to material
owners cannot if incurred without other co- or physical
legalize the prior notice. The owner/s AND of changes.
change in the coowner being the creditor is
use of a thing compelled, may required. The co-owner who
from that exempt himself makes alteration
intended by the from the payment Renunciation is without the
parties. of taxes and NOT allowed if express or implied
expenses by the co- consent of the
 other co-owners from an ordinary case of majority of
acts in bad faith General Rule: co-ownership where all interests:
because he does Partition is the floors and everything 1. Management
so as if he were demandable by else belong to all co- Acts of
the sole owner. As any of the co owners. Management
just punishment owners as a (Castan)
for his conduct, he matter of right at Note: The above form of a. Those that do
should lose what any time (Art. ownership is different not involve
he has spent; be 494). from condominium. an
obliged to alteration
demolish the Exceptions: A horizontal co- b. Are renewable
improvements (SCLUPA) ownership is one where from time to
done; and be 1. When there is a various units are in one time
liable to pay for stipulation plane as when one-story c. Do not bind the
losses and against it; but units all set on the community for a
damages the not to exceed ground. long time in the
community 10 years (Art. future (transitory
property or the 494). Rules in the ABSENCE effect)
other co-owners 2. When the of contrary provision in d. Do not give rise
may have condition of the titles of ownership to a real right
suffered. BUT indivision is or agreement. over the thing
whatever benefits imposed by the 1. Proportionate owned in
the co-ownership donor or contribution is required common
derives will belong testator; but not for the preservation of: (Reyes-Puno.
to it. (3 Manresa to exceed 20 a. The main walls; P.73).
468-472). years (Art. 494). b. The party walls; and e. Do not affect the
3. When the legal c. The roof; and substance or
6. To protest against nature of the d. Other things used in nature of the
seriously community common. thing.
prejudicial prevents 2. Each floor owner must f. For the common
decisions of the partition. bear the expenses of benefit of all.
majority. 4. When partition his floor.
would render 3. Expenses of all owners Note: Minority
7. Legal redemption: the thing pro rata: may appeal to
to be exercised unserviceable a. The floor of the the court
within 30 days (Art. 495). entrance; against the
from written notice 5. When partition b. The front door; majoritys
of sale of an is prohibited by c. The common yard; decision if the
undivided share of law (Art. 494). d. Sanitary works same is
another coowner 6. When another common to all; and seriously
to a stranger. coowner has e. Stairs from the prejudicial.
possessed the entrance to the first
8. To defend the co property as story. 2. Enjoyment
ownerships exclusive owner 4. Stairs are to be 3. Improvement or
interest in court. for a period maintained from story embellishment
sufficient to to story, by the users.
Anyone of the co- acquire it by Majority
owners may bring prescription. Note: Ground floor, if Consists of co-
an action in any, is distinguished from owners who
ejectment (Art. PERPENDICULAR the first story. represent the
487). OWNERSHIP (Art. 490) controlling interest in
One where the different B. The following the object of the co-
9. To demand stories of a building questions are ownership
partition at any belong to different governed by the
time persons, as distinguished
 each coowner b. Definite portion- vs. Paraiso Devt
Limitations: (Art. 493) valid; subject to Corp., G.R. No.
1. Before a decision 1. Each has full the interest of the 157493, February
is made, there ownership of his vendor 5, 2007).
should first be a part and of his c. Whole property-
notice to the share of the fruits valid only insofar In such cases, the
minority so that and benefits as the co-owners remedy is to ask
they can be heard 2. Right to substitute share is for partition, not to
2. The majority another person in concerned unless ask for the nullity
would be justified its enjoyment, the sale is of the sale
in proceeding only EXCEPT when authorized the (Aguirre, et. al vs.
when the urgency personal rights are other co-owners CA, et al., GR No.
of the case and involved or for the d. Right to renounce 122249, January
the difficulty of purpose of giving part of his interest 29, 2004).
meeting with them the thing a to reimburse
render different use from necessary Right of a co-owner to
impracticable the that agreed upon. expenses incurred demand partition
giving of such by another co (Art.494)
notice Personal rights owner No co-owner shall be
3. Minority may used in its real e. Transactions obliged to remain in the
appeal to the court meaning and not entered into by co-ownership. Each co-
when in its legal or each coowner owner may demand at
a. There is no real technical sense; it only affect his any time the partition of
majority; is the right which ideal share. the thing owned in
b. Decision is cannot be common, in so far as his
seriously transferred When a co-owner share is concerned.
prejudicial to because it affects sells the whole
individual rights the personal property as his, Reasons:
of co-owners; relations of the co- the sale affects Law discourages co-
c. There is fraud; owners with one only the sellers ownership.
d. Alteration is another. share pro indiviso
agreed upon; and the transferee To remain in the co-
e. Refusal to 3. Right to alienate, gets only what ownership is to subject a
correct abuse of assign, or corresponds to his person to the desires of
administration. mortgage. dispose grantors share in the rest; conflicts in
or encumber. the partition of the management being
Actions Requiring property owned in bound to arise.
the Consent of Co- This right is common. Since a
owners without prejudice co-owner is Exceptions:
Actions Consent Needed to the exercise by entitled to sell his 1. An agreement to keep
the others of the undivided share, a the thing undivided for
epairs, ejectment actions One (Art. 489) right of legal sale of the entire a period not exceeding
redemption under property by one 10 years;
Art. 1620. co-owner without 2. A donor or testator
erations or Acts of
All (Art. 491) the consent of the may prohibit partition
wnership Sale or Mortgage other co-owners is for a period not
others (e.g. useful Financial majority of Common not null and void; exceeding 20 years;
provements, 489 & 492) Property only the rights of 3. When prohibited by
mbellishments a. Undivided portion- the co- law;
ministration and better transferee does owners/seller are 4. When physical partition
joyment) not acquire any transferred, renders the property
specific or thereby making unserviceable;
C. Rights as to the determinate the buyer a co- 5. When the legal nature
ideal share of physical portion of owner of the of the thing does not
property property (Oesmer allow partition.
 ordinarily not adverse to
Partition the others, but, in fact,
The division between two beneficial to all of them.
or more persons of real The possession of a co-
or personal property owner is similar to that of
which they own in a trustee.
common so that each
may enjoy and possess Exception: Where a co-
his sole estate to the owner or co-heir
exclusion of and without repudiates the co-
interference from the ownership or co-heirship,
others (Avila vs. Sps. prescription begins to run
Barabat GR No. 141993, from the time of
March 17, 2006). repudiation, subject to
the concurrence of
An action for partition is following conditions:
at once an action for 1. The co-owner has
declaration of co- performed
ownership and for unequivocal acts of
segregation and repudiation
conveyance of a amounting to an
determinate portion of ouster of the other co-
the properties involved owners;
(Balo v. CA, G.R. No. 2. Such positive acts of
129704). repudiation have
been made known to
Reason: The policy of the other co-owners;
the law is not to favor co- 3. The evidence thereof
ownership because it is is clear and
not conducive to the convincing; and
development of the 4. His possession is
community property open, continuous,
particularly where it exclusive, and
involves real estate. notorious (Robles vs.
CA, GR No. 123509,
Note: The thing itself March 14, 2000).
may be physically
divided, or if not, its value Note: A co-owner
may be partitioned (7 cannot, without the
Manresa 585). conformity of the other
co-owners or a judicial
Partition is governed decree pursuant to Rule
primarily by the Civil 69 of the Rules of Court,
Code and suppletorily by adjudicate to himself in
the pertinent provisions fee simple a determinate
of the Rules of Court portion of the lot owned
(Rule 69). in common, to the
exclusion of other co-
General Rule: Under owners (Del Blanco v.
Art. 494, prescription IAC, G.R. No. L-66520,
does not run in favor of August 30, 1988).
or against a co-owner or
co-heir. Reason: An agreement of
Possession of the co- partition, though ORAL,
owner or co-heir is is valid and consequently
binding upon the parties
(Caro v. Court of
Appeals, G.R. No. L-
46001, March 25, 1982).
Mere receiving of rents or
profits, payment of taxes,
or construction of a fence
or building would not be
sufficient proof of
exclusive or adverse
possession because
anyone in the co-
ownership may do it
(Laguna v. Levantino GR
No. L-47386, April 18,
1941).
The act of executing the
affidavit of self
adjudication did not
constitute sufficient act of
repudiation. In fact, there
was bad faith of the co
heir in feigning sole
ownership of the property
to the exclusion of the
other coheirs. (Galvez
vs. CA, GR No. 157954,
March 24, 2006).
While it is true that
registration under the
Torrens system is
constructive notice of
title, the Torrens title
does not furnish a shield
for fraud. Thus, where
one registered the
property in question in
his name in fraud of his
coheirs, prescription
can only be deemed to
have commenced from
the time the latter
discovers the fraudulent
act (Adille vs. CA, GR
No. L-46484 January 29,
1988).
Under the law, anyone of
the coowners may bring
an action for ejectment
(Art. 487). This can be
done without joining all
other co-owners because
the suit is presumed to
have been filed for the
benefit of his coowners.
But if the suit is for the
benefit of the plaintiff
alone who claims to be
the sole owner and
entitled to the possession
of the litigated property
the action should be
dismissed and it will not
prosper especially so that
there is evidence of co
ownership of the
property, and there is no
showing that they waived
their rights (Baloloy vs.
Hular GR No. 159723.
September 9, 2004).
Redemption of the whole
property by the co owner
does not vest in him sole
ownership over the said
property. Redemption
duly made within the
period prescribed by law
inures to the benefit of
the co-ownership and
does not put an end to its
existence (Mariano vs
CA, G.R. No. 101522,
May 28, 1993).
Rights/Participation of
creditors and
assignees of the co-
owners in the partition
(Art. 497)
1. Scope of creditors or
assignees
Creditors includes all
kinds of creditors
provided they became
so during the existence
of the co-ownership
Assignees are
transferees of interests
of one or more of the
co-owners
2. Right of notice of and the co-owners 1. Consolidation or An interest in real
partition cannot agree: merger in one co property consisting of a
Firstly, the property may owner; separate interest in a unit
While the law does not be allotted to one of the 2. Acquisitive prescription in a residential, industrial
expressly require co-owners, who shall in favor of a third or commercial building
previous notice of the indemnify the other person or a coowner and an undivided interest
proposed partition be who repudiates the co in common, directly or
given to the creditors Otherwise, it shall be ownership; indirectly, in the land on
and assignees, since sold, and the proceeds 3. Loss or destruction of which it is located and in
they are granted the distributed. property coowned; other common areas of
right to participate, 4. Sale of property co the building (Sec. 2).
they have also the right Protection on the owned;
to be notified thereof, rights of third persons 5. Termination of period Unit
such that in the (Art. 499) agreed upon by the A part of the
absence of such The partition of a thing coowners; condominium project
notice, the partition will owned in common shall 6. Expropriation; intended for any type of
not be binding on them not prejudice third 7. Judicial or extra independent use or
(De Santos v. BPI, persons, who shall retain judicial partition. ownership, including one
G.R. No. L-44605, July the rights of mortgage, or more rooms or spaces
30, 1938). servitude or any other located in one or more
real rights belonging to Causes of Termination floors (or part or parts of
3. Right to object to or them before the division of Co-ownership floors) in a building or
impugn was made. 1. By Consolidation or buildings and such
merger in only one of accessories as may be
If no notice is given, Personal rights pertaining the co-owners of all the appended thereto (Sec.
the creditors or to them against the co- interests of the others; 3).
assignees may ownership shall also 2. By the destruction or
question the partition remain in force, loss of the property Condominium
already made notwithstanding the owned; Corporation
partition. 3. By acquisitive A corporation which
HOWEVER, they prescription in favor of holds title to the common
cannot impugn any Effects of Partition a third person or a co- areas, including the land,
partition already (Arts. 500 and 501) owner who repudiates or the appurtenant
executed, unless: 1. Mutual accounting for the co-ownership; interests in such areas, in
a. There has been the benefits received; 4. By the partition, judicial which the holders of
FRAUD; or 2. Mutual or extrajudicial, of the separate interest shall
b. The partition was reimbursements for respective undivided automatically be
made expenses (i.e., shares of the co- members or
notwithstanding a necessary expenses, owners; shareholders, to the
formal opposition taxes, and others in 5. By the termination of exclusion of others, in
presented to prevent proper cases); the period agreed upon proportion to the
it. 3. Indemnity for damages or imposed by the appurtenant interest of
caused in case of donor or testator, or of their respective units in
Note: The debtor or negligence or fraud; the period allowed by the common areas.
assignor has always the 4. Reciprocal warranty for law;
right to maintain its defects of title or 6. By the sale by the co- Note: Any transfer or
validity of the partition. quality of the portion owners of the thing to conveyance of a unit or
assigned to a co- a third person and the an apartment, office or
Partition in case co- owner. distribution of its store or other space
owners cannot proceeds among them. therein, shall include
agree/Legal Partition Extinguishment of Co- transfer or conveyance of
(Art. 498) Ownership CONDOMINIUM ACT the undivided interest in
(CALSTEP): (R.A. No. 4726) the common areas or, in
Whenever the thing is a proper case, the
essentially indivisible Condominium membership or
shareholdings in the
condominium
corporation: Provided,
however, that where the
common areas in the
condominium project are
held by the owners of
separate units as co e. Statement of the
owners thereof, no
condominium unit therein
shall be conveyed or
transferred to persons
other than Filipino
citizens or corporations
at least 60% of the
capital stock of which
belong to Filipino
citizens, except in cases
of hereditary succession.
Ownership over a all registered holders
condominium unit is
acquired by the buyer
only after he had fully
paid the purchase price
(Sunset View
Condominium Corp. v.
Campos, Jr., G.R. No. L-
52361 April 27, 1981).
Documents to
consider:
1. Enabling or Master
Deed which shall
contain, among others,
the following:
a. Description of the
land on which the
building or buildings
and improvements
are or are to be
located;
b. Description of the
building or buildings,
stating the number
of stories and
basements, the
number of units and
their accessories, if
any;
c. Description of the
common areas and
facilities;
d. A statement of the
exact nature of the
interest acquired or condominium
to be acquired by the owner to alienate or
purchaser in the dispose of his
separate units and in condominium.
the common areas 2. Declaration of
of the condominium Restrictions
project; 3. Articles and By-Laws
of the Condominium
purposes for which Corporation or the
the building or association where
buildings and each applicable
of the units are
intended or Rights and Obligations
restricted as to use; of Condominium
f. A certificate of the owners/Incidents of a
registered owner of condominium grant
the property, if he is (Sec.6)
other than those 1. The boundary of the
executing the master unit granted are the
deed, as well as of interior surfaces of the
perimeter walls, floors,
of any lien or ceilings, windows and
encumbrance on the doors thereof.
property, that they 2. There shall pass with
consent to the the unit, as an
registration of the appurtenance thereof,
deed; an exclusive easement
g. The following plans for the use of the air
shall be appended to space encompassed
the deed as integral by the boundaries of
parts thereof: the unit as it exists at
i. A survey plan of any particular time and
the land included as the unit may lawfully
in the project, be altered or
unless a survey reconstructed from
plan of the same time to time. Such
property had easement shall be
previously been automatically
filed in said office; terminated in any air
ii. A diagrammatic space upon destruction
floor plan of the of the unit as to render
building or it untenantable.
buildings in the 3. Unless otherwise,
project, in provided, the common
sufficient detail to areas are held in
identify each unit, common by the
its relative location holders of units, in
and approximate equal shares, one for
dimensions; each unit.
h. Any reasonable 4. A non-exclusive
restriction not easement for ingress,
contrary to law, egress and support
morals or public through the common
policy regarding the areas is appurtenant to
right of any each unit and the
common areas are
subject to such
easements.
5. Each condominium
owner shall have the
exclusive right to paint,
repaint, tile, wax, paper
or otherwise refinish
and decorate the inner
surfaces of the walls,
ceilings, floors,
windows and doors
bounding his own unit.
6. Each condominium
owner shall have the
exclusive right to
mortgage, pledge or
encumber his
condominium and to
have the same
appraised
independently of the
other condominiums
but any obligation
incurred by such
condominium owner is
personal to him.
7. Each condominium
owner has also the
absolute right to sell or
dispose of his
condominium unless
the master deed
contains a requirement
that the property be
first offered to the
condominium owners
within a reasonable
period of time before
the same is offered to
outside parties.
Common areas
Is the entire project
excepting all units
separately granted or
held or reserved (Sec. 3).
General Rule: Common
areas shall remain
undivided, and there
shall be no judicial
partition thereof
Exceptions/ Grounds b. Private water after
for Partition: leaving the estate of TRADEMARK AND
1. When the project has origin (Arts. 502, TRADE NAMES (Arts.
not been rebuilt or 507, 514) 520-523)
repaired substantially c. Waste water of
to its state prior to its S OME S PECIAL P ROPERTIES fountains, sewers Mark
damage or destruction and public Is any visible sign
3 years after damage WATERS (Arts. 502- establishments (Art. capable of distinguishing
or destruction which 518) 502) the goods or services of
rendered a material Laws Governing an enterprise and shall
part thereof unfit for Waters: MINERALS (Art. 519) include a stamped or
use; 1. Civil Code of the Laws Governing marked container of
2. When damage or Philippine Minerals: goods (Sec. 121, RA
destruction has 2. Spanish Law on 1. Before 1902: R.D. 8293).
rendered or more of Waters of August 3, Sobre Mineria 1867
the units untenable 1866 2. Between 1902-1906: Trade name
and that the 3. The Irrigation Acts, Act The Philippine Bill of Is a name or designation
condominium owners 2152 and its 1902 and Legislative identifying or
holding more than 30% amendments Acts distinguishing an
interest in the common 4. Water Power Act No. 3. Art. XII of the enterprise (Sec. 121, RA
areas are opposed to 4062 Philippine Constitution 8293).
restoration of the 5. Art. XII , Sec 2 of the 4. Present: Mineral
projects; Philippine Constitution Resources Laws Governing
3. When the project has 6. Water Code of the Development Decree Trademarks and Trade
been in existence for Philippines (PD 1067) of 1974 (P.D. 463) and names:
more than 50 years, the Civil Code of the 1. Intellectual Property
that it is obsolete and Classification Philippines Code (RA 8293)
uneconomic, and the 1. Waters public per se 2. Civil Code of the
condominium owners (water is the principal); Minerals Philippines
holding in aggregate the bed follows the Are all inorganic
more than 50% interest character of the water substances found in
in the common areas a. Running water (Art. nature, whether in solid, P OSSESSION
are opposed to 502) liquid, gaseous, or any
restoration, remodeling 2. Waters public or intermediate state, with Concept:
or modernizing; private according to the exception of soil 1. As an act (holding)
4. When the project or a their bed (water is which supports the the holding of a thing
material part thereof accessory to bed) organic life, and of OR the enjoyment of a
has been condemned a. Subterranean waters ordinary earth, gravel, right with the intention
or expropriated and the (Arts. 502 & 503) sand, and stone which to possess in ones
project is no longer b. Subterranean waters are used for building or own right (Art. 523)
viable, or that the rising to the surface construction purposes 2. As a fact (existence)
condominium owners continuously or when there is holding
holding in aggregate intermittently (Arts. Mineral Lands or enjoyment
more than 70% interest 502 & 503) Are those in which
in the common areas c. Non-running water minerals exist in The fact of possession
are opposed to the (Arts. 502 & 503) sufficient quantity or gives rise to certain
continuation of the d. Rain water (Arts. quality to justify the rights and
condominium regime; 502 & 503) necessary expenditures presumption, such as
5. When conditions for 3. Waters public by to be incurred in the right to be
partition by sale set special provision extracting and utilizing respected in his
forth in the declaration a. Waters within the such materials (Sec. 2, possession, and
of restrictions duly zone of public works, PD 463) should he be disturbed
registered have been even if constructed therein, he shall be
met. under a contract protected in or restored
(Art. 502)
 to said possession adverse claimant (Paras, Civil Code
(Art. 539). An insane or demented whose title is sufficient of the Philippines
person CANNOT to transfer ownership Annotated,
That possession is acquire possession as but is defective (ex. Volume II, 2008
NOT a definitive proof they are incapable of when the seller is not ed., p 454).
of ownership nor is understanding the the true owner or could
non-possession import of their actions. not transmit his rights Note: Landlord is in
inconsistent therewith thereto to a possessor actual possession thru
(Heirs of G. Bofill v. 3. By virtue of ones own who acted in GF) the tenant. Hence, he
CA, G.R. No. 107930 right in his own name 4. (Dominium) can also bring a suit
October 7, 1994). or in that of another. Possession with a title against an intruder (G.R.
in fee simple - derived No. 452, April 30, 1902)
3. As a right Possession from the right of
(consequences) the Distinguished from dominion or B.According to the
right of a person to Ownership possession of an concept of possession
holding or enjoyment 1. A person may be owner; the highest 1. In the concept of
to the exclusion of all declared the owner but degree of possession owner (Art. 525) (en
others having better he may not be entitled concepto de dueno)
right than the to possession. Classes: possessor of thing
possessor 2. A person may have A.According to the name or right, by his
a. Jus possidendi - introduce used as to its actions, is
right TO possession improvements thereon existence considered or
which is incidental to of which he may not be 1. In ones own name believed by others
or included in the deprived without due (Art. 524) where as the owner,
right of ownership. hearing. He may have possessor claims the regardless of good
(e.g. I own a house; other valid defenses to thing for himself or bad faith of the
therefore, I am resist surrender of 2. In the name of possessor,
entitled to possess possession. another (Art. 524) recognizing no title
it.) 3. Judgment for for whom the thing is of ownership in
b. Jus possessionis ownership does not held by the another.
right OF possession necessarily include possessor
independent from possession as a a. Voluntary as Only the possession
the right of necessary incident. when an agent acquired and
ownership. (e.g. I am possesses for the enjoyed in the
renting a house form Degrees: principal (by virtue concept of owner
C. Although I am not 1. (Grammatical Degree) of an agreement) can serve as a title
the owner, still by Possession without b. Necessary or for acquiring
virtue of the lease any title whatsoever - Legal when dominion (Art. 540).
contract, I am mere holding without exercised by virtue
entitled to possess any right at all (ex. thief of law, such as Such possessor is
the same) (Paras, or squatter) possession in presumed to
Civil Code of the 2. (Juridical Possession) behalf of possess just title
Philippines Possession with incapacitated (Art. 541).
Annotated, Volume juridical title - persons, a mother
II, 2008 ed., p. 449). predicated on juridical for her child and Such adverse
relation existing juridical entities. possession may
Requisites: between the possessor c. Unauthorized ripen into ownership.
1. Occupancy, and the owner (ex. This will become
apprehension, or lessee, usufructuary, the principals 2. In the concept of
taking of a thing or depositary, agent, possession only holder (Art. 525)
right (possession in pledgee and trustee) after there has possessor holds it
fact); 3. (Real Possessory been aratification merely to keep or
2. Deliberate intention to Right) Possession with without prejudice enjoy it, the
possess (animus just title the to the effects of ownership pertaining
possidendi) possession of an negotiorum gestio to another person;
 possessor Mistake upon a Mistake upon a receipt of service of
acknowledges in doubtful or difficult doubtful or difficult judicial summons
another a superior question of law may question of law, which
right which he be the basis of good may be the basis of If cannot be
believes to be faith but not good faith under Art. determined, then at the
ownership; cannot ignorance of the law. 526 refers to honest time of filing an
acquire ownership error in the application answer.
by prescription. 2. In bad faith (Art. of the law or
526) possessor is interpretation of Extent of Possession:
None of these aware of the doubtful or conflicting 1. Actual possession
holders may assert a invalidating defect in legal provisions or occupancy in fact of
claim of ownership his own title. doctrines, BUT is the whole or at least
for himself over the different from substantially the whole
thing but they may Only personal ignorance of the law, property.
be considered as knowledge of the as when a person 2. Constructive
possessors in the flaw in ones title or acquired property by a possession
concept of owner, or mode of acquisition deed which is occupancy of part, in
under claim of can make him a absolutely void the name of the whole,
ownership, with possessor in bad because it is in under such
respect to the right faith. It is not violation of prohibitory circumstances that the
they respectively transmissible even laws. law extends the
exercise over the to an heir. occupancy to the
thing. Bad faith is personal. possession of the
Possession in good Just because a person whole.
There can be faith ceases from the is in bad faith does
possession in moment defects in NOT mean that his Doctrine of
concept of both his title are made successors-in-interest constructive
owner and holder or known to the are also in bad faith. possession
in neither. possessor Possession in the eyes
A lessee who of the law does not
C. According to the The distinction continues to stay on mean that a man has
condition of the mind between possession in the premises after the to have his feet on
1. In good faith (Art. good faith and expiration of the lease every square meter of
526) possessor is possession in bad faith contract is deemed a ground before it can be
not aware that there is of importance usurper; as such he said that he is in
is in his title or mode principally in has become a possession (Ramos
of acquisition a connection with the possessor in bad faith vs. Director of Lands
defect that receipt of fruits and the (Republic v. Diaz, G.R. GR No. 13298,
invalidates it. payment of expenses No. L-36486, August 6, November 19, 1918).
and improvements 1979).
Requisites: under Arts. 544 553; It is essential that the
a. Ostensible title or and the acquisition of Possession in good property be not in the
mode of ownership by faith is converted to adverse possession of
acquisition prescription under Art. possession in bad faith another (Sarmiento vs
b. Vice or defect in 1127. However, such from the moment facts Lesaca, L-15383, June
the title distinction is immaterial exist showing the 30, 1960
c. Possessor is in the exercise of the possessors knowledge
ignorant of the right to recover under of the flaw (Art. 528). Presumptions in Favor
vice or defect and Art. 539 which speaks of the Possessor:
must have an of every possessor In the absence of other 1. Of good faith (Art. 527)
honest belief that (De Leon, Civil Code facts showing the 2. Of continuity of initial
the thing belongs of the Philippines, possessors good faith (Art. 528)
to him. 2008 ed., p.335). knowledge, good faith 3. Of enjoyment in the
is interrupted from the same character in
which possession was
 acquired until the (traditio brevi manu negotiorum gestio in the Tacking of Possession:
contrary is proved (Art. and constitutum proper case. The latter part of Article
529) possessorium). 534 is not applicable if
4. Of noninterruption in 2. Subjection to our will Acquisition by the father (or decedent)
favor of the present this includes tradition Succession Mortis had been in good faith,
possessor (Art. 554) longa manu and Causa for the son (or heir)
and of hereditary tradition simbolica. 1. Time of Acquisition If would not suffer. In such
property (Art. 533). 3. Proper acts and legal the inheritance is a case, the possession of
5. Of continuous formalities established accepted, the estate is the father in good faith is
possession by the one for acquiring such transmitted without added to the possession
who recovers right. interruption from the of the son in good faith,
possession of which he death of the and we cannot say that
was wrongfully predecessor. But the the effects of possession
deprived (Art. 561) heir who repudiates is in good faith shall
6. Of extension of deemed never to have commence only from the
possession of real acquired possession decedents death.
property to all (Art. 533).
movables contained Rules in the Acquisition by Minors
therein (Art. 542) acquisition of Note: An heir can sell and Incapacitated
7. Of just title (Art. 541). possession whatever right, interest Persons (Art. 535)
8. Of continuity of or participation he may General Rule:
possession of property By whom possession have in the property Acquisition of possession
unjustly lost but legally is acquired (Art. 532) under administration, by the action of our will
recovered (Art. 561) Possession may be subject to the result of and by proper acts and
9. Of possession during Acquired said administration legal formalities are not
intervening period (Art. applicable to
1. Personally or by the
1138 (2)) From the moment of incapacitated persons
same person who is to
10.Of exclusive death of the decedent, subject to the laws on
enjoy it;
possession of each of his heirs succession and donation
common property becomes the undivided
(Art. 543) owner of the whole Exception: Minors and
2. Through an estate left with respect incapacitated persons
Object of Possession: AUTHORIZED person or to that portion which may acquire the physical
General Rule: All things by his legal might be adjudicated to possession of corporeal
and rights susceptible of representative or agent; him. properties, BUT they
being appropriated (Art. need the assistance of
530). 2. Effect of bad faith of their legal
3. Through an the decedent One representatives in order
Exceptions: UNAUTHORIZED person who succeeds by to exercise the rights
1. Res communes or by any persons hereditary title shall not which from the
2. Property of public without any power or suffer the possession arise in their
dominion authority whatever. consequences of the favor.
3. Easement wrongful possession of
4. Prohibited by law the decedent unless it Note: Minors and
Note: In No. 3, is shown that he had incapacitated persons
ACQUISITION OF possession shall not be knowledge of the may acquire property or
POSSESSION (Arts. considered as acquired defects affecting it; but rights by prescription,
531-538) until the person in whose the effects of either personally or thru
Manner of acquiring name the act of possession in good their parents, guardians,
possession (Art. 531): possession was faith shall not benefit or legal representatives
1. Material occupation of executed has ratified the him except from the (Art. 1107).
the thing or exercise of same, without prejudice death of the decedent
a right includes both to the juridical (Art. 534). Modes through which
actual delivery and consequences of possession cannot be
constructive delivery acquired
1. Through force or o 2. If there are two 30351, September 11,
intimidation, as long as r possessors, the one 1974).
there is a possessor o longer in possession .
who objects thereto. w 3. If the dates of Possession in the
(Art. 536) n possession are the concept of an owner or
Note: To all intents e same, the one with a en concepto de dueno
and purposes, a legal r title
possessor, even if . 4. If all the above are Only possession
physically ousted, is Note: A person who equal, the fact of acquired and enjoyed in
still deemed the legal believes himself possession shall be the concept of owner can
possessor (Caquea entitled to the judicially determined, serve as a title for
vs. Bolante GR No. possession of and in the meantime, acquiring dominion (Art.
137944, April 6, 2000). property may not the thing shall be 540) even if he acted in
take the law into his placed in judicial bad faith.
2. Through mere hands (Bishop of deposit
tolerance (Art. 537) Cebu vs. Mangaron, He has in his favor the
G.R. No. 1748, June EFFECTS OF legal presumption that he
Note: Possession by 1, 1906) or else he POSSESSION (Arts. possesses with a just title
mere tolerance is not will be made to 539-561) and he cannot be obliged
adverse. Thus, it does suffer the to show or prove it (Art.
not start the running of consequences of his Rights of EVERY 541).
the period of lawlessness possessor (whether in
acquisitive (Santiago vs. Cruz the concept of an owner Presumption of just title
prescription. GR No. L-31919, OR holder) does not apply in
March 24, 1930). For 1. To be respected in his acquisitive prescription.
3. Through clandestine, this reason Art. 536 possession; The adverse possessor
secret possession - mandates that he 2. To be protected in or must prove his just title
(Art. 537) must invoke the aid restored to said .
of the competent possession by legal
Requisites: court, if the holder means should he be Kinds of titles:
1. The acts are not should refuse to disturbed therein; 1. True and Valid title
p deliver the thing. 3. To secure from a (Titulo Verdadero y
u competent court in an Valido) - there was a
b Conflicts between action for forcible entry mode of transferring
l Several Claimants: the WRIT OF ownership and the
i PRELIMINARY grantor was the owner.
c General Rule: MANDATORY 2. Colorable title (Titulo
; Possession as a fact INJUNCTION to Colorado) - there was
2. It must be unknown cannot be recognized at restore him in his such mode of
t the same time in two possession transferring ownership,
o different personalities. BUT the grantor was
Reason: there are NOT the owner.
t Exceptions: In case of many prolonged 3. Putative title (Titulo
h copossession when litigations between the Putativo) that title
e there is no conflict and owner and the usurper although a person
possession in different and the former is believes himself to be
p concepts or different frequently deprived of the owner, he
o degrees. his possession nonetheless is not,
s because there was no
s Criteria in Case of Note: A squatter has mode of acquiring
e Dispute: no possessory rights of ownership.
s 1. Present/actual any kind against the
s possessor shall be owner of the land into Note: Titulo colorado is
o preferred which he has intruded what is meant by just
r (Banez vs CA, L- title in the law of
prescription, and NOT
titulo verdadero y valido,
for if it were the latter,
there could be no
necessity of still acquiring
ownership thru
prescription, the grantee
being already the owner
(Solis v. CA, G.R. No. L-
46753-54 August 25,
1989).
Possession in the
Concept of Holder
1. Lessees
2. Trustees, including:
parents over the
properties if their
children; and husband
and wife over each
others property
3. Antichrectic creditors
4. Agents
5. Attorneys regarding
their clients properties
6. Depositaries
7. Co-owners
Note: Possession of real
property presumes that
of the movables therein,
so long as it is not shown
or proved that they
should be excluded (Art.
542).
Presumption apples
whether the possessor
be in good faith or bad
faith, in ones own name
or in anothers and in
concepto de dueno or in
the concept of holder
Rules on Co-
Possession (Art. 543)
1. 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 division
thereof, for the entire
period during which the
co-possession lasted.
2. Interruption in the
possession of the
whole or a part of a
thing possessed in
common shall be to the
prejudice of all
possessors
3. In case of civil
interruption, the Rules
of Court shall apply.
Civil interruption
When interruption is
produced by judicial
summons to the
possessor, and only
those possessors
served with judicial
summons are affected.
Note: Judicial
summons shall be
deemed not to have
been issued, and shall
not give rise to
interruption:
a. If it should be void
for lack of legal
solemnities;
b. If the plaintiff should
desist from the
complaint or should
allow the
proceedings to lapse
c. If the possessor
should be absolved
from the complaint
Possessor in Good Faith
Fruits Gathered
To possessor
Cultivation Expenses ofThoseGathered
Not reimbursed to the thing only for certain
possessor
Fruits Pending and
Prorated according to time
Production Expenses ofnorPending
Indemnity pro-rata to
possessor (owners option)
in money, or
by allowing full cultivation
and gathering of all fruits
Necessary Expenses
Reimbursed to possessor;
Possessor in Good Faith 1. By the will of the
retention possessor
Useful Expensesa. Abandonment
Reimbursed to possessor b. Assignment
(owners option) initial cost 2. Against the will of the
plus value may remove if possessor
no reimbursement, and no a. Eminent domain
damage is caused to the b. Acquisitive
principal by the removal prescription
c.
Ornamental Expenses Judicial decree in
1. No reimbursement; favor of one who has
2. Removal without injury a better right
or reimbursement of d. Possession of
amount expended at option another for more
of lawful possessor. than one year
Taxes and Charges Note: This refers to
(1. on capital, 2. on fruits and possession
3. charges)de facto
Taxes and charges where the possessor
1. Charged to owner loses the right to a
2. Charged to possessor summary action; but
3. Prorated he may still bring an
Improvements no longeraction publiciana or
existing
No reimbursement reivindicatoria.
Liability for accidental loss or deterioration
Only if acting with e. By reason of the
fraudulent intent or object
negligence, after summons i. Destruction or
Improvements due to time or nature total loss of
To owner or lawful the things
possessor ii. Withdrawal from
commerce
Necessary expenses
Those made for the Acts NOT Constituting
preservation of the thing. Loss of Possession
(Arts. 537538)
Useful expenses 1. Acts executed by
Those that add value to stealth and without
property or increase the knowledge of the
objects productivity. possessor
2. Acts merely tolerated
Ornamental/luxury either by the possessor
expenses or by his
Fruits
that add value to representative or
holder in his name
persons in view of their unless authorized or
Chargeswhims; neither
particular ratified
essential for preservation 3. Violence
useful Fruits
to everybody 4. Temporary ignorance
in general of the whereabouts of
movable property
LOSS OF The possessor who
POSSESSION (Art. recovers possession is
555) considered as having
General Causes: had uninterrupted
possession despite
 these acts of violence,
stealth and tolerance;
but he must recover
possession by due
process, and not
otherwise (Arts. 561,
536, 539).
Possessory acts of
mere holder does not
bind or prejudice the
possessor in the
concept of owner,
unless said acts were
previously authorized
or ratified by the latter
(Art. 558).
POSSESSION OF
MOVABLES (Art. 559):
Theory of
Irrevindicability
General Rule:
Possession in good faith
of a movable is
presumed ownership. It
is equivalent to title. No
further proof is necessary
(Aznar vs. Yapdiangco,
G.R. No. L-18536, March
31, 1965). The rule is
necessary for purposes
of facilitating transactions
on movable property
which are usually done
without special
formalities (Sotto vs.
Enage, 43 Off. Gaz.
5075, Dec. 1947).
Requisites:
1. Possession is in good
faith
2. The owner has
voluntarily parted with
the possession of the
thing
3. Possessor is in the
concept of owner
General Rule:
Possessors title is not
absolute because it can
be defeated by the true
owner.
1. Where the owner acts Those living in a state of
Exception: One who negligently or nature independently of
has lost or has been voluntarily parts with and without the aid and
unlawfully deprived of a the thing owned, he care of man; considered
movable may recover it cannot recover it from possessed only while
from whoever possesses the possessor. they are under mans
it without reimbursement. 2. If the possessor of the control
movable acquired it in
Note: good faith at a public Domesticated/ Tamed
Unlawful deprivation sale, the owner cannot Animals
Includes all cases of obtain its return without Wild or savage by nature
taking that constitute a reimbursing the price but have been subdued
criminal offense paid therefor. and became accustomed
to live in a tamed
If there was a perfected Public Sale condition; considered
unconditional contract of One where there has possessed if they
sale between the seller been a public notice of habitually return to the
and the buyer and the the sale in which anyone premises of their
former voluntarily caused is allowed to bid for the possessor; live, born and
the transfer, title thereto object he desires to buy. reared under the control
was acquired. The Summary of and care of man
subsequent dishonor of Recovery or Non-
the check merely recovery Principle Domestic/ Tame
amounted to a failure of Owner may Animals
consideration which does Owner may Any of the various
recover
not render the contract of recover but animals which live and
without
sale void, but merely should are born and reared
reimburseme
allows the prejudiced reimburse under the control and
nt
party to sue for specific 1. From If possessor care of man, lacking the
performance or possessor acquired the instinct to roam freely.
rescission of the contract in bad faith object in good
and to prosecute the 2. From faith at public
impostor for estafa under U SUFRUCT
possessor auction or
Art 315 of the RPC in good sale
(EDCA Publishing vs. faith (if the Gives the right to enjoy
Santos, G.R. No. 80298, owner lost the property of another
April 26, 1990). the property with the obligation of
or has been preserving its form and
General Rule: One who unlawfully substance, unless the
has lost or has been deprived of title constituting it or the
unlawfully deprived of a it) law otherwise provides
movable may recover it (Art. 562).
from whoever possesses
it without reimbursement. Three fundamental
The owner of the thing rights pertaining to
must prove: ownership
1. Ownership of the thing; 1. Jus disponendi- right to
and dispose
2. Loss or unlawful 2. Jus utendi - right to
deprivation; or bad use
faith of the possessor. 3. Jus fruendi- right to the
Possession of Animals fruits
Exceptions to (Art. 560):
Exception: Note: The combination
Wild Animals of Nos. 2 and 3 is called
USUFRUCT; No. 1 or the Classifications of b. Multiple- if several Normal and Abnormal
power to alienate, Usufruct usufructuaries enjoy. Usufruct;
encumber, transform, 1. As to Origin: i. Simultaneous - at Distinguished
and even destroy is the a. Legal created the same time; or Normal Usufruct Abnormal Usufruct
essence of NAKED by law such as ii. Successive- one
That which involves non- That which involves thin
OWNERSHIP. usufruct of the after the other.
consumable things which which would be useless
parents over the 5. As to the quality or
the usufructuary can enjoy the usufructuary unle
Formula: property of their kind of objects
without altering their form or they are consumed
1. Full Ownership = unemancipated i. over rights; or
substance, though they may expended, such as mon
Naked Ownership children; ii. over things
deteriorate or diminish by grain, liquors, etc.
PLUS Usufruct; b. Voluntary 6. As to whether or not
2. Naked Ownership = created by will of the impairment of object is
Full Ownership MINUS parties either by act allowed
Usufruct; and inter vivos such as a. Normal (or perfect or General Rule:
3. Usufruct = Full donation or by act regular); or Usufructuary is bound to
Ownership MINUS mortis causa such b. Abnormal (imperfect preserve the form and
Naked Ownership. as in a last will and or irregular). substance of the thing in
testament; or 7. As to term or usufruct.
Characteristics: c. Mixed conditions
1. Real right; acquired by a. Pure; or Exception: Abnormal
2. Of temporary duration; prescription such as b. With a term or usufruct whereby the law
3. To derive all when believing period; or or the will of the parties
advantages from the himself to be the 1. Ex die from a may allow the
thing due to normal owner of the certain day modification of the
exploitation; property of an 2. In diem up to a substance of the thing.
4. May be constituted on absentee, gave in certain day
real or personal his will the usufruct 3. Ex die in diem
property, consumable of the property for from a certain
or nonconsumable, the requisite day up to a
tangible or intangible, prescriptive period to certain day.
the ownership of which his wife, who c. Conditional. Usufruct and Lease
is vested in another; possessed it in good Distinguished
5. Transmissible. faith as usufructuary, Rules Governing Usufruct Lease
and naked Usufruct: Nature of Generally a
Requisites of Usufruct: ownership to his 1. The agreement of the Always a real right
personal right
1. Essential- the real, brother. parties or the title
Person creating the
temporary right to 2. As to quantity or kind giving the usufruct. Lessor may not
usufruct should be
enjoy anothers of object: 2. In case of deficiency,
Creator of the owner, i.e.
the owner or his
property. a. Total; or apply the Civil Code. Sub-lessor,
duly authorized
2. Natural- the obligation b. Partial (whether all usufructuary
agent
to preserve its form or the fruits are given Note: In case of conflict
substance or not). between the rights Generally create
Note: the obligation 3. As to the extent of granted a usufructuary by May be created by by contract
being merely a natural owners patrimony virtue of a will, and a law, by contract, by
requisite, the title or a. Universal (if over the codal provision, the will of the testator, Exception: by la
law may provide entire patrimony); or former, unless repugnant or by prescription i.e. implied new
otherwise (Art. 562), b. Singular or Particular to the mandatory lease
giving rise to abnormal, (if only individual provisions of the Civil As a rule, usufruct
irregular or imperfect things are included. Code, should prevail Lease generall
covers all the fruits
usufruct. (Paras, Civil 4. As to the number of Extent
(Fabie v. Gutierrez, G.R. of refers to uses on
and all the uses and
Code of the persons employing the No. L-123 December 12, Enjoyment i.e. those
benefits of the entire
Philippines Annotated, right: 1945). stipulated
property.
Volume II, 2008 ed., p. a. Simple- if only one
Involves a more or Lease involves
572). usufructuary enjoys;
less passive owner more active own
or
who allows the or lessor who
 usufructuary to the usufructuary is 1. Because the form is Effect of a calamity
makes the lessee
not responsible. He not really preserved. on the trees and
enjoy the object
to enjoy may return them in Thus, this is really a shrubs:
given in usufruct
the condition they simple loan. a. If it is impossible or
Lessee is not
Usufructuary pays might be in at the 2. RULES for quasi- too burdensome to
generally under
Repairs for ordinary repairs termination of the usufruct: replace them, the
obligation to
nd Taxes and taxes on the usufruct. There is no a. The usufructuary usufructuary may
undertake repairs
fruits necessity for him to (debtor-borrower) either use the trunks
or pay taxes
make any repairs or can use them as but should replace
to restore them in if he is the owner, them; OR leave the
SPECIAL their former with complete dead, fallen,
USUFRUCTS: condition, for after right of pledge or uprooted trunks at
1. On Rent, Pension or all, they can be alienation. the owners disposal,
Benefits (Art. 570) preserved without b. BUT at the end of and demand that the
the necessity of the usufruct, he latter remove them
When usufruct repairs. Failure to must: and clear the land.
constituted on the right return the thing will i. Pay the b. It is its slightly
to receive rent, result in appraised burdensome to
pension or interest on indemnification for value; or replace them, he
bonds, or securities or the value the object ii. If there was no must replace them
any other benefits, may have at the end appraisal, (whether he uses the
every payment or of the usufruct. return the trunks or not), and
benefits shall be b. If deterioration is due same kind, he cannot demand
considered CIVIL to an event or act quality, or clearance of the land
fruits, which accrue that endangers their quantity or he by the owner.
daily. Thus, they preservation, then must pay the
belong to the even though there price current at Note: In case of
usufructuary in was no fault or the termination usufruct over a
proportion to the time negligence or fraud of the usufruct. woodland which is a
the usufruct lasts. on the part of the COPSE or consists of
usufructuary, he is 4. On Fruit bearing trees TIMBER for building),
Payments and benefits still required under and shrubs; and on in cutting or feeling the
that accrue after the Art. 592, to make the woodlands (Art. 575 trees, he must
termination of the NECESSARY OR 577) a. Follow the owners
usufruct belong to the ORDINARY habit or practices;
owner. REPAIRS. The usufructuary can b. In default thereof,
c. If deterioration is due use the dead trunks the customs of the
2. Over things which to fraud (dolo and those cut off or place as to
gradually deteriorate incidente or fraud uprooted by accident. MANNER, AMOUNT,
(Art. 573) amounting to an BUT he must and SEASON;
Note: This article evasion of the REPLACE them with c. If there be no
deals with ABNORMAL obligation to new plants because customs, the only
OR IMPERFECT preserve) or the usufructuary has time the usufructuary
USUFRUCT. It deals negligence, the the obligation to can cut down trees
with things that usufructuary is liable preserve the form or will be for REPAIR or
deteriorate much faster for damages. substance of the IMPROVEMENT, but
than others (such as Note: Such liability property in usufruct the owner must first
clothes, vehicles, however may be set- (Art. 562). be informed.
computers). off against the
improvements he No such obligation with 5. On a right to recover
Effect of the respect to those dead by court action (Art.
deterioration on the
may have made
(Art. 580). trees or shrubs already 578)
usufructuarys existing at the Note: Involves the
liability: beginning of the recovery of real,
a. If deterioration is due 3. Of consumable
property (Art. 574) usufruct personal or real right
to NORMAL USE,
over real or personal b. Collection of fruits or Annotated, was not created to
property. interest. (But not as Volume II, 2008 defraud creditors, the
to alienation, ed., p. 613). usufructuary has NO
The usufructuary disposition, or DUTY to pay off the
can demand from creation of any real There is NO debts.
the owner: right over the obligation to
a. Authority to bring the property since these replace: 8. On mortgaged
action (through are strict acts of a. If there is total property (Art. 600)
SPA); and ownership, unless of loss of the The usufructuary of
b. Proofs needed to course he is animals MORTGAGED
recover. authorized by the because of immovable shall not be
naked owner.) some obliged to pay the debt
The action may be UNEXPECTED for the security of
instituted in the Effect of partition or UNNATURAL which the mortgage
usufructuarys name, The right of loss; was constituted.
subject to the usufructuary is not b. If there is a
following: affected by the division partial loss Should the immovable
a. If the purpose is the but is limited to the be attached or sold
recovery of the fruits of said part The remains not judicially for the
property or right, he allotted to the co- the remainder payment of the debt,
is still required to owner. should go to the the owner shall be
obtain the naked a. The usufructuary naked owner. liable to the
owners authority. continues to have The usufruct usufructuary for
b. If the purpose is to the usufruct of the continues on the whatever the latter
object to or prevent part allotted to the remainder may lose by reason
disturbance over the co-owner concerned; (Paras, Civil thereof.
property, no special b. If the partition was Code of the
authority from the done without the Philippines Liability of the naked
naked owner is intervention of the Annotated, owner may be
needed. usufructuary, the Volume II, 2008 extinguished by:
partition binds the ed., p. 614). 1. Constituting a
Effect of judgement usufructuary usufruct over an
When judgement is however, the naked In case of sterile equivalent estate
awarded him and he owner must respect animals, since 2. Payment of a
gets the property: its the usufruct. there are no periodical pension
naked ownership youngs, the rule equivalent to the
belongs to the owner. 6. Of cattle (livestock) of usufruct over loss;
(Art. 591) fungibles 3. Any other similar
On property owned There is obligation to applies (Art. way
in common (Art. 582) replace: 574).
A co-owner may give a. If some animals Note: Art. 600 can
the usufruct of his die from natural 7. Over the entire also apply, by
share to another, even causes; or patrimony (Art. 598) analogy, to a
without the consent of b. If some animals In case of a pledged movable,
others, unless personal are lost due to UNIVERSAL usufruct, provided that the
considerations are rapacity of beasts as when the usufruct movable is in the
present. of prey. involves the entire usufructaurys
patrimony, some possession.
The usufructuary in Note: objects of which are
such a case takes Replacement mortgaged, Arts. 758 RIGHTS OF THE
the owners place as should be made and 759 shall be USUFRUCTUARY
to: from the young applied. Thus, if no I. As to the thing
a. Administration produced (Paras, stipulation for payment and its fruits:
(management) Civil Code of the by the usufructuary is A.To receive and
Philippines made, and the usufruct benefit from ALL
the fruits natural, since it is the c. Rights of fruendi and the
industrial and civil obligation of the innocent entire jus utendi.
fruits. usufructuary to third parties
preserve the should not D. To lease the
There are two form and be thing, generally,
rules with substance of the prejudiced in for the same or
respect to the property unless relation to shorter period as
nature of the contrary is Art . 546 and the usufruct (Art.
dividends: provided. 443. 572).
1. Massachusetts He may lease the
rule which Rules on Note: if the THING to another,
regards cash PENDING expenses are even without the
dividends, NATURAL or greater than consent of the
however, large, INDUSTRIAL the proceeds owner.
as income, and FRUITS (Art. of the fruits the
stock dividends, 567) owner has no The lease must
however made, 1. Fruits pending obligation to not extend to a
as CAPITAL. at the reimburse the period longer than
2. Pennsylvania BEGINNIN difference that of the
rule declares G of (Reason: there usufruct, unless
that all earnings usufruct: is no proceed the owner
of the a. Belong to of fruits from consents. Thus,
corporation the which the the lease ends at
made prior to usufructuary; expenses the time the
the death of the b. No necessity should be usufruct ends,
testator of refunding paid). SAVING leases for
stockholder owner for rural lands, which
belong to the expenses B. To the half of the shall be
corpus of the incurred; hidden treasure considered as
estate, and that c. BUT without he accidentally subsisting during
all earnings prejudice to finds. the agricultural
declared as the right of year.
dividends in third The usufructuary,
whatever form, persons. not being the E. To make on the
made during the 2. Fruits pending landowner, is not property in
lifetime of the at the entitled as owner, usufruct such
usufructuary or TERMINATION -BUT is entitled improvement or
life of tenant. of usufruct: as finder to one- expenses he may
Pennsylvania a. Belong to half of the deem proper
rule is more in the OWNER; treasure. If (Art. 579)
accord with our b. BUT the somebody else is
statutory laws. owner must the finder, the Improvements
(Bachrach v. reimburse usufructuary gets include both
Seifert, G.R. the nothing (4 USEFUL and
No. L-2659, usufructuary Manresa 386- LUXURIOUS.
October 12, for ordinary 387).
1950) cultivation BUT he must not
expenses C. To enjoy any alter the form or
Note: Products and for the increase through substance of the
(e.g. minerals seeds and accessions and property.
extracted from similar servitudes (Art.
mines) which expenses, 571) He is NOT
diminish capital from the Reason: entitled to a
are not to be proceeds of Usufruct covers REFUND. But,
treated as fruits the fruits; the entire jus he may either:
 1. Remove the nts exceeds not own the notwithstandi
improvements damage, thing. (See Art. ng such
if no the 2085(2)). notifications;
substantial difference and the repair
damage to does not go B. To alienate the is necessary
the property is to the usufructuary for the
caused; OR usufructuar right; preservation
2. Set-off the y, but C. To bring action of the
improvements accrues in and oblige property.
against favour of owner thereof to Note:
damages for the naked give him proper increase in
which he may owner, in authority and value-
be liable the necessary proof difference
under Art. absence of in a usufruct to between the
580. stipulation recover property value after the
to the or a real right repairs were
F. Right to setoff contrary. (Art 578). completed
the
improvements he G. To retain the thing III. At the B. To retain the
may have made until he is expiration of the thing until
on the property reimbursed for usufruct: reimbursement
against any advances for A. To collect is made
damage to the extraordinary reimbursement C. To remove
same (Art. 580) expenses and from the owner: improvements
taxes on the 1. For made by him,
Requisites capital. indispensable but without
before Set-off extraordinary injuring the
can be made: H. To collect repairs made property
1. Damage must reimbursements by the
have been from the owner for usufructuary IV. Other Rights:
caused by the indispensable (Art. 593); A. Right to make
usufructuary. extraordinary 2. For taxes on use of the land
2. Improvements repairs, taxes on the capital and materials,
must have the capital he advanced by when building
augmented advanced, and the forming part of
the value of damages caused usufructuary the usufruct on
the property. to him. (Art. 597); immovable has
3. For damages been destroyed
I. To remove caused by the in any manner
improvements usufructuary; (Same rule if
Rules: made by him if the 4. For the Usufruct is
a. If damages same will not payment of constituted on
exceeds injure the property increase in building only).
the value of value of the B. If usufructuary
the II. As to the immovable by shares in
improveme usufruct itself: reason of insurance of
nts, A. To mortgage the repairs tenement in
usufructuar right of usufruct provided he usufruct, and it
y is still except parental notified the was lost, he
liable for usufruct owner of the shall continue in
the Note: BUT he urgency of the enjoyment of
difference; cannot pledge or repairs; that the new one if
b. If the value mortgage the the owner one be
of the THING itself failed to make constructed OR
improveme because he does repairs receive interest
 on the possession and included in
insurance enjoyment of the 2. To give a bond, the usufruct
indemnity. property EXCEPT c. Approval of
a. When no the court
In a usufruct, only Requirements: prejudice d. Sworn
the jus utendi and a. The owner would result promise
jus fruendi over the must be b. Waiver by the
property are previously naked owner Note:
transferred to the notified; c. When the Property
usufructuary. The b. The condition usufructuary is CANNOT be
owner of the of the the DONOR of alienated or
property maintains immovables the property leased
the jus disponendi or must be who has because this
the power to described; reserved the would mean
alienate, encumber, c. The movables usufruct. that the
transform, and even must be d. When there is usufructuary
destroy the same appraised; a parental does not
(Hemedes vs. CA, d. As a rule, no usufruct, i.e. in need it.
GR No. 107132, form is the case of
October 8, 1999). required, parents who Purpose: To
except that are insure fulfillment
Corollary to the right when there are usufructuaries by the usufruct
to all the rents, to real properties of their of the obligation
choose the tenant, (See Art. 1358) childrens imposed upon
and to fix the amount e. Expenses are property. him
of the rents, a to be borne by e. In cases of
usufructuary of the the CAUCION Retroactive
rents has the right to usufructuary JURATORIA Effect of Security: After
choose himself as (Art. 587) a the security has
the tenant, provided When inventory sworn duty to been given by the
that the obligations is not required: take good care usufructuary, he shall
he has assumed a. When no one of the property have a right to all the
towards the owner of will be injured and return the proceeds and benefits
the property are thereby, same at the from the day on
fulfilled (Fabie vs. provided the end of the which, in accordance
Gutierrez David, GR naked owner usufruct. It with the title constituting
No. L-123, consents; takes place of the usufruct, he should
December 12, b. In case of the bond or have commenced to
1945). waiver by the security and is receive them (Art. 588).
naked owner based on
OBLIGATIONS OF or the law or necessity and Effects of failure to
THE USUFRUCTUARY when there is humanity. give security (unless
A. Before exercising stipulation in a exempted)
the usufruct: will or contract. Requisites 1. On the rights of the
1. To make an Effect of non- before naked owner
inventory of the notification: Caucion a. He may DELIVER
property (Art. The inventory Juratoria is the property to the
583) can go on but allowed: usufructuary;
Note: The the naked a. Proper court b. He may CHOOSE
inventory is a owner may petition retention of the
mere condition to later point out b. Necessity for property as
be complied with discrepancies delivery of administrator;
before the and omissions furniture, c. He may DEMAND
usufructuary may in the implements receivership or
enter into inventory. or house administration (by
 another) of the real 1. To take care of For the whether or
property, sale of the property as a usufructuary to not he is
movable, conversion good father of a be responsible notified by the
or deposit of credit family (Art. 589). for ordinary usufructuary
instruments, or 2. To answer for repairs, the ii. The law does
investment of cash the acts of the following must not require
or profits; substitute (Art. concur: the naked
d. He may DEMAND 590) without a. They are owner to
that the movable be prejudice to his required by make them,
sold; right of action NORMAL or what is
e. He may demand that against latter NATURAL use; important is
the credit instrument b. Needed for that he will
be CONVERTED Reason: It is the preservation; bear the
into regular duty of the c. Must have expenses
certificate of deposit; usufruct to occurred made by the
or preserve the form DURING the usufructuary
f. He may demand that and substance of usufruct; and
the cash and credits the thing. d. Must have b. Those caused
be INVESTED happened with by ABNORMAL
Note: Even when or without the or
2. On the rights of the there is a sub- fault of the EXCEPTIONAL
usufructuary usufructuary, it is usufructuary. circumstances
a. He cannot posses still the Note: If naked and NEEDED
the property till he usufructuary who owner had for
receives security; answers to the demanded the PRESERVATIO
b. He cannot naked owner for repair, and the N
administer the ordinary repairs, usufructuary still i. The NAKED
property, hence, taxes on the fruits, fails to do so, OWNER shall
he cannot execute etc. the owner may bear the loss
a lease thereon; make them ii. The
c. He cannot collect 3. To replace with (personally or usufructuary
credits that have the young thereof thru another) at is allowed to
matured, nor animals that die or the expense of make them,
invest them unless are lost from the with the right
the Court or naked natural causes or usufructuary. to get the
owner consents; due to rapacity of increase in
d. BUT the beasts or prey 5. To notify the value and the
usufructuary can when the usufruct owner of urgent right of
alienate his right is constituted on EXTRA- retention (until
to the usufruct. flock or herd of ORDINARY paid) at the
The grantee may livestock (Art. repairs (Art. termination of
of course possess, 591). 593) the usufruct,
the moment he provided that
gives security. Note: Sterile Kinds of extra- there was
animals cannot be ordinary notification by
Note: If the movable be replaced and shall repairs: the
sold, the cash belongs to be treated as a. Those caused usufructuary
the naked owner, but the fungible. by NATURAL and failure to
interest thereon (6% per USE but NOT repair by the
annum) belongs to the 4. To make needed for naked owner.
usufructuary. ORDINARY PRESERVATIO
repairs. (Art. 592, N c. Those caused
B. During the par.1) i. The naked by
usufruct: owner should ABNORMAL or
be held liable, EXCEPTIONA
 L 7. To pay annual i. Should be approval to
circumstances taxes and charges REIMBURSE collect credits in
but are NOT on the fruits (Art. D the amount certain cases
needed for 596) paid without (Art. 599).
PRESERVATI legal interest
ON What charges or ii. Is entitled to Rules:
taxes the RETENTION a. If the
The Naked usufructuary till paid. usufructuary
owner is must pay: has given
responsible. a. The annual 9. To pay debts security,
charges (in when the usufruct collection and
The the fruits) is constituted on investment
usufructuary b. The annual the whole can be done
cannot compel taxes on patrimony (Art. WITHOUT the
the naked the fruits 598). approval or
owner to make c. Annual taxes on the court or of
such repairs the land Note: Art. 598 the naked
and he is not (including real particularly apples owner.
allowed to estate tax) if a person b. If he has NOT
make them Note: Payment by donates given security,
even if the the usufructuary of everything but or when he is
naked owner the annual land reserves to him EXEMPTED
has failed to taxes does not the usufruct or when there
make them. constitute adverse thereof (Art. 750). was only a
possession over CAUCION
6. To permit works the land (Quirante a. If there is a JURATORIA,
and improvements vs Quirante, CA stipulation that collection and
by the naked [40 O.G.]). usufructuary will investment
owner not pay the debts of can be done
prejudicial to the 8. To pay interest the owner, it is ONLY WITH
usufruct (Art. 595) on taxes on capital applicable only the approval
paid by the naked to debts of the court or
Effect of owner (Art. 597). contracted the naked
increase in the before the owner
value of the The naked owner constitution of
usufruct pays for the taxes the usufruct. If the credit is
a. The imposed directly b. If without collected,
usufructuary on the capital stipulation, the same belongs
profits increase PROVIDED THEY usufrcutuary is to the naked
(for he will be ARE NOT responsible only owner, but the
entitled to the ANNUAL. when the usufructuary
use and profits usufruct was gets its
thereof); Rules: created in fraud usufruct.
b. The a. If paid by the of creditors
usufructuary naked owner, he which is always Failure to
does not have can demand presumed when collect due to
to pay legal legal interest on the owner did usufructuarys
interest on the the sum paid not reserve fault or
improvement. b. If advanced (in sufficient negligence
the meantime) property to pay makes the
Reason: This by the his debts. usufructuary
was a voluntary usufructuary, liable if the
act of the naked said 10. To secure the credit has
owner. usufructuary- naked owners matured.
or courts
 11. To notify the a. The value of the transmitted to his case it ends at the
owner of any usufruct is not own heirs. death of said person
prejudicial act impaired Note: If a person (Art. 606).
committed by b. The rights of the constituted the
third persons usufructuary are not usufruct with the 5. Expiration of the period
(Art. 601) prejudiced belief that he was or fulfillment of the
12. To pay for court the owner but was resolutory condition
expenses and Obligations of the later defeated in an a. If the usufructuary is
costs regarding Owner During the action concerning its a juridical person,
usufruct (Art. Usufruct: ownership, it follows the term should NOT
602). 1. To make that the usufruct exceed 50 years
reimbursement for must also terminate (Art. 605).
Note: If it advances of the b. If the usufruct is on a
involves only usufructuary real property, or on a
naked 2. To cancel the bond, 3. Total loss of the thing real right on real
ownership then upon discharge of the Total loss ends the property, the period
the owner is usufructuarys usufruct, but not partial must be recorded to
liable. obligations loss, for in the latter bind third persons
3. To respect leases of case, the usufruct, (Art. 709).
C. At the termination rural lands by the continues on the c. Premature
of the usufruct: usufructuary for the remaining part. (Art. abandonment or
1. To return the thing balance of the 604) dissolution of the
in usufruct to the agricultural year juridical entity
owner (Art. 612) Exception: Arts. 607 extinguishes the
unless there is a Extinguishment of to 609 usufruct.
right of retention Usufruct: PT 2DERM
2. To pay legal (Art. 603) 4. Death of the 6. Renunciation of the
interest on the 1. Prescription usufructuary, even if a usufructuary
amount spent by a. This refers to the resolutory condition or 7. Merger of the usufruct
the owner for acquisitive period has been and ownership in the
extraordinary prescription by a stipulated and death same person
repairs or taxes on stranger either of the occurs before the 8. Other causes
the capital usufruct or of the expiration of the period a. annulment/rescissio
3. To indemnify the naked ownership or fulfillment of the n of contract
owner for any b. Mere non-use of the condition, unless b. mutual consent
losses due to his usufructuary does contrary intention c. emancipation of a
negligence or of not terminate the appears. child
his transferees usufruct, unless it is a. In the case of
also a renunciation. multiple usufructs, it Usufruct on a Building
Rights of the Owner 2. Termination of right of ends on the death of and/or the land
During the Usufruct: the person constituting the LAST survivor concerned (Art. 607)
1. He retains title the usufruct (Art. 611).
2. He may alienate the a. If the usufructuary b. In case there is a Rules:
property, but he may has a sub- period fixed based 1. Usufruct on both
not: usufructuary, the on the number of building and land (but
a. Alter the form or latter ends at the years that would the building is
substance of the time the usufruct is elapse before a destroyed in any
thing extinguished. person would reach manner whatsoever
b. Do anything b. Death of the NAKED a certain age, before the expiration of
prejudicial to the OWNER does NOT UNLESS the period the period of the
usufructuary extinguish the was expressly usufruct):
3. He may construct usufruct for the granted only in a. The usufruct on the
buildings, make rights of the naked consideration of the building is ended,
improvements and owner are existence of such but the usufruct on
plantings, provided: person, in which the land continues;
 b. Therefore, the
usufructuary is still
entitled to the use of
the land and the use
of whatever
materials of the
house remain; 2. If the naked owner
c. If the naked owner
wants to rebuild but
the usufructuary
refuses, it is the
usufructuary who
prevails for the use
of the land is still his
for the remainder of
the period
2. Usufruct on the
building alone
a. The usufruct on
the building ends,
but the
usufructuary can
still make use of
whatever
materials of the
house remain;
b. The usufructuary
is entitled to the
use of the land;
c. Because there
was no usufruct
on the land, the
naked owner has
preferential right t
its use.
Note: Usufruct on a
building does not
expressly include the
land.
Payment of insurance
on the tenement held
in usufruct (Art. 608)
If the naked owner and
usufructuary share in the
premiums 3. If the naked owner
1. If the owner
constructs a new
building the usufruct
continues on the new
building. If the cost is
more than the
insurance indemnity,
the usufructuary
enjoys the new reimburse the naked him, the usufruct being
building completely, owner of the totally extinguished.
with no obligation to usufructuarys share 3. If the
give interest on the of the insurance USUFRUCTUARY
additional cost of the premium. alone was given the
naked owner. indemnity, he must
4. If the usufructuary give it to the naked
does not construct a alone pays the owner and compel the
new building or insurance premium: latter to return wither
rebuild, the naked a. The insurance the interest or to
owner gets the indemnity goes to replace the property.
insurance indemnity the usufructuary He may even deduct
but should pay the ALONE, with no the interest himself, if
interest thereon to the obligation on his the naked owner fails
usufructuary. part to share the to object.
indemnity with, nor
If the naked owner to give legal Effect of Bad Use of
alone pays the interest thereon to, the Property held in
insurance and the the naked owner usufruct (Art. 610)
usufructuary b. The usufruct 1. If bad use does NOT
refused to share: continues on the cause considerable
a. The naked owner land for the injury to the naked
gets the whole remaining period of owner, usufruct
indemnity (with the the usufruct continues, and the
obligation to give c. The usufructuary naked owner cannot
the interest thereon has no obligation to demand administration
to the usufructuary) construct a new by himself.
b. If the usufruct was building or to 2. If bad use causes
on the building and rebuild. considerable injury to
the land, the the naked owner,
usufruct continues usufruct continues
on the land and the BUT the naked owner
materials Rule in Case of can DEMAND delivery
c. If the usufruct was Expropriation (Art. 609) to and administration
on the building 1. If the NAKED OWNER by him, but he will be
alone the naked alone was given the obliged to pay NET
owner may rebuild, indemnity, he has PROCEEDS to
with or without the the option to: usufructuary.
approval of the a. REPLACE with
usufructuary, but he equivalent thing; Note: Being
must pay interest or administrator merely,
on the value of the b. Pay to the he CANNOT sell or
land and the old usufructuary legal alienate the right to the
materials that may interest on the usufruct, though he
have been used. indemnity, with the may still alienate the
obligation to give property, without
SECURITY for the prejudice to the
alone paid for the payment of usufruct.
insurance but there is interest.
failure or omission of 2. If BOTH the naked Rule in Case of
usufructuary to share. owner and the Multiple Usufruct (Art.
Note: The effect is usufructuary were 611)
the same as if there separately given 1. If constituted
was a sharing, but the indemnity, each own SIMULTANEOUSLY, it
usufructuary must the indemnity given to is evident that all the
 usufructuaries must be
alive at the time of the
constitution. The death
of the last survivor
extinguishes the
usufruct
2. If constituted
SUCCESSIVELY, Art.
611 also applies:
a. If the successive
usufructs were
constituted by virtue
of a donation, all the
donee-
usufructuaries must
be living at the time
of the constitution-
donation of the
usufruct.
b. If the successive
usufructs were
constituted by virtue
of a last will, there
should be only 2
successive
usufructuaries; and
both must have been
alive at the time of
the testators death.
Note: The owner of
the property
imposed as
condition for the
continuation of the
usufruct over the
property by his kins
that they should
maintain an
atmosphere of
cooperation, live in Summary of Rights
harmony and avoid and Obligations of a
bickering. There was Usufruct
a continuing
animosity among the
kins, hence, it is a
ground for
termination of the
usufruct. The
deterioration of the
relations of the kins
to an almost
irretrievable level is
a good reason for
the termination of
the usufruct. Rights Rights
(Moralidad v. Pernes 1. To receive and benefit from
GR No. 152809, ALL the fruits natural,
August 3, 2006) industrial and civil fruits
Thing lost in part, 2. To the half of the hidden
right on the treasure he accidentally
remaining part finds
continues (Art. 604). 3. To enjoy any increase on
through accessions and insurance of tenement in by
Usufruct cannot be servitudes (Art. 571) usufruct, and it was lost, ex
constituted in favor 4. To lease the thing, he shall continue in or
of town, corporation generally, for the same or enjoyment of the new one 15. To
or association for shorter period as the if one be constructed OR ow
more than 50 years usufruct (Art. 572). receive interest on the du
(Art. 605). 5. To make on the property in insurance indemnity. or
usufruct such improvement
Usufruct with or expenses he may deem
duration dependent proper (Art. 579)
on the time that may 6. Right to setoff the
elapse before a third improvements he may have
person attains a made on the property
certain age (expires against any damage to the
when that person same (Art. 580)
attains that age) 7. To retain the thing until he
subsists even if such is reimbursed forEadvances
ASEMENT OR S ERVITUDE
person dies before for extraordinary expenses
the period expires and taxes on the capital
unless such usufruct 8. To collect reimbursements Is an encumbrance
is expressly granted from the owner for imposed upon an
only in consideration indispensable extraordinary immovable for the benefit
of the existence of repairs, taxes on the capital of a community or one or
such person (Art. he advanced, and damages more persons or for the
606). caused to him. benefit of another
9. To remove improvements immovable belonging to
Usufruct in favor of made by him if the same a different owner (Art.
several persons not will not injure the property 613).
extinguished until 10.To mortgage the right of
death of last survivor usufruct except parental Easement and
(Art. 611). usufruct. Servitude;
11. To alienate the Distinguished
usufructuary right. Easement Servitude
12.To bring action and oblige Origin
owner thereof to give him
Common law
proper authority and Roman law
necessary proof in a Recipient of Benefit
usufruct to recover
Always real May be real or person
property or a real right (Art (broader)
578)
13.Right to make use of the
Note: As used in Civil
land and materials, when
Code, easement is
building forming part of the
equivalent to servitude.
usufruct on immovable has
been destroyed in any
CHARACTERISTICS:
manner
1. It is a real right but will
14.If usufructuary shares in
affect third persons
 only when duly
registered.
2. It is enjoyed over
another immovable,
never on ones own 1. As to recipient of
property.
3. It involves two
neighboring estates (in
case of real
easements).
4. It is inseparable from
the estate to which it is
attached, and,
therefore, cannot be
disalienated
independently of the
estate (Art 617).
5. It is indivisible for it is
not affected by the
division of the estate
between two or more
persons. The mere fact
that the property was
subdivided does not
extinguish the
easement as per
Article 618.
6. It is a right limited by
the needs of the
dominant owner or
estate, without
possession.
7. It cannot consist in the
doing of an act unless
the act is accessory in
relation to a real
easement.
8. It is a limitation on the
servient owners rights
of ownership for the
benefit of the dominant
owner; and, therefore,
it is not presumed.
Note: It is an
abnormal restriction on
the property rights of
the servient owner.
Thus it is incumbent
upon the dominant
estate owner to
establish the presence
of all the preconditions
for easement
(Cristobal v. CA, GR
No. 125339, June 22,
1998). Voluntary There are no
easements must be juridical easements
CLASSIFICATION recorder in the as the court merely
Registry of Property declare their
benefit: to prejudice 3rd existence.
a. Real/Predial persons
when the easement b. Legal when it is 4.As to the indication
is in favor of imposed by law of their existence:
another immovable either for public use a. Apparent Easements
and the benefit or in the interest of those which are
inures to whoever private persons made known and are
owns the dominant c. Mixed when it is continually kept in
estate created partly by view by external
b. Personal when it will or agreement signs that reveal the
is in favor of a and partly by law use and enjoyment
community or of of the same
one or more
persons. 3.As to its exercise: Note: The mark or
a. Continuous sign need not be
Note: Thus, in this Easements those seen but should be
type of servitude, the use of which is, susceptible of being
there is no owner or may be, incessant seen.
of a dominant without the
tenement to speak intervention of any The easement of
of, and the act of man aqueduct is always
easement pertains b. Discontinuous apparent, whether or
to persons without Easements those not it can be seen.
a dominant estate, which are used at
in this case, the intervals and depend b. Nonapparent
public at large. upon the acts of man Easements those
(Solid Manila Corp. which show no
v. Bio Hong Co., Note: Easement external indication of
Inc., G.R. No. itself exist their existence
90596, April 8, continuously but its
1991) exercise may be 5.As to duty of
i. Public if it is continuous or servient owner
vested in the discontinuous or a. Positive the
public at large there may be no servient owner
or in some class exercise at all must allow
of indeterminate something to be
individuals For legal purposes, done in his property
ii. Private if it is the easement of or do it himself;
vested in a aqueduct is also called
determinate considered servitudes of
individual or CONTINUOUS, intrusion and
certain persons even though the flow or/service
of water may not be b. Negative the
2. As to its source: continuous, or its servient owner
a. Voluntary when use depends upon must refrain from
the easement is the needs of the doing something
established by the dominant estate, or which he could
will or agreement of upon a schedule of lawfully do if the
the parties or by a alternate days or easement did not
testator hours. exist

6. According to the
right given
a. Right to partially
use the servient
estate
b. Right to get specific
materials or objects
from the servient
estate
c. Right to participate
in ownership
d. Right to impede or
prevent the
neighboring estate
from performing a
specific act of
ownership
Easement and Lease;
Distinguished
Easement
Real right, whether
registered or not
Imposed only on real
property
There is a limited right to
the use of real property of
another but without the
right of possession
Easement and
Usufruct;
Distinguished
Easement
Imposed only on real
property
Limited to particular or
specific use of the servient
estate
A nonpossessory right
over an immovable
Not extinguished by the
death of the dominant
owner
Modes of Acquisition:
(PDFAT)
1. By prescription of 10
years (continuous and
apparent easements) the court may declare e. To renounce the
(Art. 620) the existence of the easement if he
Note: 10 years easement desires to exempt
regardless of good himself from
faith or bad faith 4. By apparent sign contribution to
character (the only established by the necessary expenses
requirement is adverse owner of two adjoining 3. To ask for mandatory
possession) estates, unless: injunction to prevent
a. There are contrary impairment of his use
a. Positive servitude - stipulations or of the easement
counted from the b. The sign is effaced
day their exercise Obligations of a
commences. 5. By title (continuous Dominant Owner:
b. Negative servitude - and apparent, 1. Cannot render the
counted from the continuous and non- easement or render it
formal prohibition to apparent, more burdensome
the servient owner to discontinuous apparent 2. Notify the servient
do any act opposed and non-apparent) owner of works
to the servitude (Art. necessary for the use
621). There must be Title and preservation of the
a notarized Is a juridical act or law servitude
document executed sufficient to create 3. Choose the most
by anyone who encumbrance and convenient time and
desires to establish does not necessarily manner in making the
the easement. mean document necessary works as to
Thus, there is no cause the least
easement for as long Dominant Owner inconvenience to the
as the right to Is the owner of the servient owner
prohibit exists immovable in favor of 4. Contribute to the
which the easement is necessary expenses if
2. By deed of recognition established. there are several
dominant estates
The absence of Rights of a Dominant Note: An owner may
document or proof Owner: exempt himself from
showing origin of an 1. To exercise all the contributing by
easement which rights necessary for renouncing the
cannot be acquired by the use of the easement in favor of
the prescription may easement. the others
be cured by a deed aof 2. To make on the
recognition by the servient estate all the Servient Owner
owner of the servient works necessary for The owner of the
estate or by final the use and immovable whose
judgement (Art. 623). preservation of the property is subject to
servitude, provided: easement for the benefit
Easement exists even a. This must be at his of the dominant owner.
if acquired by oral own expense;
contract or by virtue of b. He must NOTIFY the Right of a Servient
some document that servient owner; Owner :
has been lost c. Select convenient 1. To retain ownership
time and manner; and possession of the
3. By final judgment d. He must NOT alter servient estate
Note: If the owner of the easement NOR 2. To make use of the
the servient estate render it more easement, unless
refuse to execute the burdensome. there is agreement to
deed of recognition , the contrary
3. To change the place or 3. Merger of ownership of 2. Continuous -- easement thereon was
manner of the the dominant and counted from the not registered, unless
easement, provided it servient estate day an act adverse there is a stipulation or
be equally convenient to the exercise takes actual knowledge of
The merger must be place. the existence of
ABSOLUTE, 7. Bad condition when easement on the part
Requisites: COMPLETE, NOT either or both estates of the transferee;
a. The place or manner TEMPORARY (if fall into such a 2. In the case of the legal
has become very temporary there is only condition that the easement of right of
inconvenient to the suspension of easement could not be way, the opening of an
servient owneror easement). used adequate outlet to the
prevents him from Note: This merely highway extinguishes
making important A merger exists when SUSPENDS since the easement, if the
works thereon; ownership of the possibility of use servient owner makes
b. He offers another dominant and servient revives the easement. a demand for such
place or manner estates is consolidated extinguishment.
equally convenient; in the same person. 8. Resolution of the right
and Merger then, as can be to create the servitude, LEGAL EASEMENTS
c. No injury is caused seen, requires full (i.e. in case of pacto Easements imposed by
by the change to ownership of both de retro, when the law have for their object
dominant owner or estates (Solid Manila property is redeemed) either public use or the
to whoever may Corporation v. Bio 9. Expropriation of the interest of private
have right to the use Hong Co. Inc., G.R. servient estate persons (Art. 634).
of the easement No. 90596, April 8, 10. Waiver by the
1991.) dominant owner Kinds of Legal
Obligations of a Easements:
Servient Owner: 4. Annulment of the title The mere fact that it 1. Public legal easements
1. Cannot impair the use to the servitude has not been used at those for public or
of the easement 5. Permanent all CANNOT give rise communal use,
2. Contribute to the impossibility to use the to the conclusion that governed primarily by
necessary expenses in easement there has been a special laws and by the
case he uses the 6. Nonuser for 10 years waiver. Civil Code.
easement, unless Non-user refers to an 2. Private legal
there is an agreement easement that has The sale of the dominant easements those for
to the contrary been once used for estate does not the interest of private
3. In case of impairment, one cannot discontinue extinguish the easement. persons or for private
to restore conditions to using what one has There must be a use; governing law:
the status quo at his never used. statement abolishing or a. Primarily by the
expense, plus extinguishing it. Hence, agreement of the
damages Use by at least one co- the use of the servient interested parties;
4. To pay for the owner of the dominant estate is continued by b. In the absence
expenses incurred for estate of the easement operation of law (Tanedo thereof, by the
the change of location PREVENTS vs. Hon. Bernad, G.R. provisions of general
prescription as to the No. 66520, August 30, or local laws and
Extinguishment of others inasmuch as an 1988). ordinances; and
Easements (REMAIN easement is indivisible. c. In default of (a) and
BREW) (Art. 633) Other Causes for (b), by the Civil Code
1. Redemption agreed Extinguishment of
upon From what time to Easement A.Easement Relating
Note: Pertains to compute: 1. Registration of the To Waters
voluntary redemption 1. Discontinuous -- servient estate as Note: Art. 637 has
counted from the FREE, i.e., although already been
2. Expiration of the term day they ceased to the servient estate was superseded by Art. 50
or fulfillment of the be used; registered under the of PD No. 1067 (Water
resolutory condition Torrens system, the
 Code of the 1. Three (3) meters in the same can be 2. That the water is
Philippines) urban areas; considered a private SUFFICIENT for
2. Twenty (20) meters nuisance, and thus the intended use
Lower estates are in agricultural areas; may be removed. 3. That the course is
obliged to receive the and MOST
waters which naturally 3. Forty (40) meters in D. Easement For CONVENIENT,
and without the forest areas along Drawing Water and LEAST
intervention of man their margins are (Art. 640-641): This ONEROUS to the
flow from the higher subject to the is a combined 3rd person; and
estate, as well as the easement of public easement for 4. Payment of
stone or earth which use in the interest of drawing of water and INDEMNITY.
they carry with them. recreation, right of way of
Limitations: navigation, floatage, maximum of 10 Limitation:
1. The owner of the fishing and salvage. meters. If for private
lower estate cannot interests, the
construct works Limitation: No Requisites: easement of
which will impede person shall be a. Must be imposed aqueduct CANNOT
this natural flow, allowed to stay in for reasons of be imposed on
unless he provides this zone longer than public use; EXISTING buildings,
an alternative what is necessary b. Must be in favor of courtyards, annexes,
method of drainage; for recreation, a town or village; out-houses,
2. Neither can the navigation, floatage, and orchards, or
owner of the higher fishing or salvage or c. Indemnity must be gardens, BUT can
estate make works to build structures of paid. be on other things
which will increase any kind. E. Easement of like road, provided
this natural flow. Aqueduct (Arts. no injury is caused
C. Easement On Dam 643646) to said properties.
Note: Water right, Or Weir or Estribo From a forced (Art. 644).
such as the right to de presa ( Art. 639 ) easement, by virtue
use a drainage ditch A person who needs of which the owner Note:Notwithstandin
for irrigation to build a dam to of an estate who g the easement of
purposes, which are divert or take water desires to avail aqueduct, the
appurtenant to a from a river or brook himself of water for servient owner may
parcel of land, pass but is not the owner the use of said close or fence his
with conveyance of of the banks or lands estate may make estate, or build over
the land, although which must support such waters pass the aqueduct so long
not specifically the dam, MUST through the as no damage is
mentioned in the seek the intermediate estate caused to the
conveyance. PERMISSION of the with the obligation of aqueduct or the
(Valisno v. Adriano, owner. indemnifying the necessary repairs
G.R. No. L-37409, owner of the same and cleanings of the
May 23, 1988) In case of the latters and also the owner same are not
refusal he must of the estate to rendered impossible
B.Easement On secure AUTHORITY which the water may (Art. 645).
Riparian Property from the proper filter or flow
( Art. 638 ) administrative For legal purposes,
Art. 51 of the Water agency. Requisites: easement of
Code provides that: 1. Dominant owner aqueduct is
The banks of rivers The proper must prove that he APPARENT and
and streams and the indemnity must be has the CONTINUOUS, and
shores of the seas and paid. CAPACITY TO thus, susceptible of
lakes throughout their DISPOSE of the acquisitive
entire length and within When the water; prescription (Art.
a zone of: construction of a 646).
dam is unauthorized,
F. Easement for the 3. Right of way must The true
Construction of a be absolutely The easement standard for the
Stop Lock or necessary; of right of way grant of the
Sluice Gate (Art. 4. Isolation must not cannot be legal right of
647) be due to the acquired by easement of
claimants own prescription, right of way is
Purpose: To take act; because it is adequacy. If
water for irrigation, 5. Easement must be discontinuous or there is already
or to improve an established at the intermittent. an existing
estate. point least (Ronquillo v. outlet from the
prejudicial to the Roco, G.R. No. dominant estate
Requisites: servient estate; L-10619, to a public
1. Purpose must be and insofar as February 28, highway, even if
for irrigation or consistent with 1958). convenient, the
improvement; this rule, where need to open
2. The construction the distance from The burden of another is
must be on the the dominant proving the unjustified
estate of another; estate to the existence of the (Constabella
3. Damages must be public highway prerequisites to Corp. vs. CA,
paid; and may be the validly claim a G.R. No. 80511,
4. Without prejudice shortest; and compulsory right January 25,
to third persons. 6. Payment of proper of way lies on 1991).
indemnity. the owner of the
G. Easement of Right of a. Continuous and dominant estate Where the Buyers
Way (Arts. 649 permanent (Costabella Land is enclosed (Art.
657): The right Corp. vs. CA, 652)
granted to the owner Indemnity=value GR No. 80511, Whenever a piece of
of an estate which is of land occupied Jan. 25, 1991). land acquired by sale,
surrounded by other + amount of exchange or partition,
estates belonging to damages The criterion of is surrounded by other
other persons and caused to the least prejudice estates of the vendor,
without an adequate servient estate to the exchanger, or co-
outlet to a public servientnestate owner, he shall be
highway to demand b. Temporary must prevail obliged to grant a right
that he be allowed a over the of way without
passageway Indemnity= criterion of indemnity.
throughout such payment shortest
neighboring estates of damage distance Note: In case of
after payment of caused (Quimen vs. simple donation, the
proper indemnity. CA, GR No. donor shall be
The width of the 112331, May indemnified by the
Requisites: easement 29, 1996). donee for the
1. Claimant must be of right of establishment of the
the owner of the way The right of way right of way.
enclosed may be modified for cattle should
immovable or one from time not be more Where the Sellers
with real right; to time than 10 meters Land is Enclosed
2. The dominant depending wide unless a (Art. 653)
estate is upon the greater width If it is the land of the
surrounded by reasonabl was a vested grantor (seller, barterer
other immovables e needs of right under laws or co-owner) that
and there must be the prior to the Civil becomes isolated, he
no adequate outlet dominant Code of 1889 may demand a right of
to a public estate (Art. (Art. 657). way after paying an
highway; 651). indemnity.
 b. Animal trail 37 If the owner of the Thus, each co-owner
Note: HOWEVER, the meters and 50 servient estate owns the half nearest
donor shall not be centimeters demand that the to him.
liable for indemnity. c. Cattle 10 meter easement be
extinguished, he Party Wall and Co
Rules if the right of Note: If the easement should return what he Ownership
way is PERMANENT established is may have receive by Distinguished
(Art. 654) compulsory the width way of indemnity Party Wall CoOw
The path belongs to shall not exceed 10 Amount to be Shares o
the servient estate, meters returned=value of the owners ca
and he pays ALL the land and
Shares of parties cannot
taxes. Special Cause of occupied+damages physically
be physically
Extinction (Art.655) caused to the servient such divis
segregated but they can
However, the 1. The opening of a estate owner can
be physically identified
dominant estate: public road, or any definit
a. Should pay for 2. Joining the dominant In case of temporary or the pro
NECESSARY tenement to another discontinuous belonging t
repairs. with exit on a public easement nothing has No limitation as to use None of th
b. Should pay road. to be paid of the party wall for may use th
proportionate share Note: The extinction is exclusive benefit of a property
of taxes to the NOT automatic. There H. Easement of Party party exclusive b
servient estate. must be a demand for Wall or Servidumbre Owner may free himself
extinction coupled with de medianera (Arts. from contributing to the
Temporary tender of indemnity by 658666) cost of repairs and Partial ren
Easement of Right the servient owner. Refers to all those construction of a party allowed
of Way (Art. 656) mass of rights and wall by renouncing all
The word owner In both cases, the new obligations emanating his rights thereto
comprehends the outlet must be from the existence and
usufructuary who may adequate common enjoyment of Note: A wall built on a lot
make use of the right wall, fence, enclosure co-owned by two persons
granted. The easement of right or hedges by the is a common wall not a
of way is discontinuous owners of adjacent party wall (not all
Note: Indispensable because it is exercised buildings and estates common walls are party
is not to be construed only if a person passes separated by such walls).
literally. Causing great or sets foot on objects
inconvenience is somebody elses land. Presumptions of
sufficient. The presence of more Party Wall Existence (juris
or less permanent COMMON WALL tantum):
Easement of Right railroad tracks does which separates 2 1. In adjoining walls of
of Way for the not change this. It is estates built by buildings, up to point of
passage of Livestock not the presence of common agreement at common elevation.
or Sevidumbres apparent signs or the dividing line such
Pecuarias (Art. 657) physical indications that it occupies a
Governed by the showing the existence portion of both estates
ordinances and of an easement, but on equal parts.
regulations relating rather the manner of
thereto, and in their exercise thereof, that Note: Although called
absence, by the categorizes such into a legal easement, it is
usages and customs of continuous or a compulsory kind of
the place. discontinuous (Bogo- co-ownership or
Medellin Milling Co., FORGED INDIVISION
Maximum width: Inc. v. CA, GR No. (con indivision forzosa)
a. Animal path - 75 124699, July 31, where the shares of 2. In dividing walls of
meters 2003). each owner cannot be gardens and yards
separated physically. (urban)
 It is understood that there
is an exterior sign,
contrary to the easement
of party wall:
1. Whenever in the
dividing wall of
buildings there is a
window or opening;
5. Whenever the dividing
3. In dividing fences,
walls and live hedges
of rural tenements
7. Whenever lands
inclosed by fences or
live hedges adjoin
others which are not
inclosed.
wall between
courtyards, gardens,
and tenements is
constructed in such a
way that the coping
sheds the water upon
only one of the estates;

8. Whenever the earth or

2. Whenever the dividing
wall is, on one side,
straight and plumb on
all its facement, and on
4. In ditches or drains the other, it has similar
between tenements conditions on the
upper part, but the
lower part slants or
projects outward;
3. Whenever the entire
wall is built within the
boundaries of one of
the estates;
Rebuttal of
Presumption:
1. Title
2. By contrary proof
3. By signs contrary to
the existence of the 4. Whenever the dividing
servitude (Arts. 660 & wall bears the burden
661) of the binding beams,
Note: If the signs are floors and roof frame of
contradictory, they one of the buildings,
cancel each other but not those of the
others;
EXTERIOR SIGNS
Negativing the
Existence of a Party
Wall (Art. 660)
6. Whenever the dividing
wall, being built of
masonry, has stepping
stones, which at
certain intervals project
from the surface on
one side only, but not
on the other;
Rights of Part Owners:
1. To make use of the
2. To increase the height
dirt removed to open
the ditch or to clean it
is only on one side
thereof. The ownership
of the ditch shall
belong to the owner of
the land having this
exterior sign in his
favor.
Note: In all these
cases, the ownership
of the walls, fences or
hedges shall be
deemed to belong
exclusively to the
owner of the property
or tenement which has
in its favor the
presumption based on
any one of these signs.
wall in proportion to
their respective
interests, resting
buildings on it or
inserting beams up to
onehalf of the walls
thickness
of the wall
a. At his expense
b. Upon payment of
proper indemnity
 c. To acquire half proportionally the belvederes overlooking
interest in any value of the work at an adjoining property.
increase of thickness the time of the
or height, paying a acquisition and of 1. Restricted Windows
proportionate share the land used for its when the above
in the cost of the increased thickness. distances are not
work and of the land (Art.665) observed (Art. 669)
covered by the Where the above
increase I. Easement of Light distances are not
3. To demolish the and View (Arts. applicable:
building being 667673)
supported by a party 1. Above distances
wall provided the cost Easement of Light does not apply to
of all repairs and work (jus luminum) buildings separated not a party wall
necessary to prevent Right to admit light by a public way or
any damage which the from the neighboring alley, which is not
demolition may cause estate by virtue of the less than 3 meters
to the party wall shall opening of a window or wide (Art. 672).
be borne by him the making of certain
Note: He may also openings.
renounce his part Note: The purpose
ownership of the wall. Easement of view of restricted window
(jus prospectus) is for admitting light
Obligations of Each The right to make and air, but NOT for
PartOwner: openings or windows, view.
1. To contribute to enjoy the view
proportionately to the through the estate of There may be
repair and another and the power several openings
maintenance unless he to which would provided, the
renounces his part obstruct such view or restrictions are
ownership make the same 2. The servient estate complied with for
2. If one part-owner difficult. It necessarily cannot build thereon every opening.
raises the height of includes easement of if the direct view is
the wall, he must: light. less than a distance There can also be
a. Bear the cost of of 3 meters from the several openings in
maintenance of the Rules for Regular wall(Art. 673). EVERY floor or
additions Windows: story, for each floor
b. Bear the increased For windows having or story has a ceiling
expenses of DIRECT VIEWS (face (Choco vs.
preservation to face), observe at Santamaria, GR No.
c. Bear the cost of least 2 meters distance 6076, December 29,
construction between the wall 1911).
d. Give additional land, having the windows
if necessary, to and the boundary line. In case of
thicken the wall. restricted
Note: The other windows, the
owners who have abutting owner
not contributed in may:
giving the height, a. Close the
depth or thickness to openings if the
the wall may, wall becomes a
nevertheless, Note: The dominant party wall
acquire the right of estate has acquired b. Block the light by
part-ownership the right to have direct building or
therein, by paying views, balconies or erecting his own
 wall unless a made by the owner or custom must
servitude is of a wall which is not Art. 674 does not be observed
acquired by title or a party wall, subject really create an Note:
prescription to the following easement for it prohibitions
c. Ask for the requirements: merely regulates the prescribed by
reduction of the a. Maximum size is use of a persons law cannot be
opening to the 30 cm. square; property insofar as altered or
proper size b. There must be rain water is renounced by
Note: Mere non iron grating concerned. stipulation of the
observance of imbedded in the parties.
distances prescribed wall; 2. Easement to receive
by Art. 670 without c. There must be a falling rain waters b. Protective
formal prohibition, wire screen; deals not with legal structures
does not give rise to d. The opening must easement but with a prescribed
prescription. be at the height of voluntary easement by
the ceiling joists to receive rain water ordinances
2. For windows (beams) or falling from the roof or
having SIDE or immediately under of an adjoining custom must be
OBLIQUE VIEWS the ceiling (techo) building erected; if none,
(that is, one must 3. Easement giving precautions
turn his head to the Ceiling joists outlet to rain water must be taken
right or to the left to Are commonly called where house to avoid
view the adjoining BEAMS laid surrounded by other damage to
land), observe a horizontally intended houses neighboring
distance of at least to serve as estates
60 cm. Between the connection and main Requisites: c. Violation causes
boundary line and support of the a. There must be no responsibility for
the nearest edge of timbers of different adequate outlet to damages
the window. floors that separate the rain water caused
the stories of because the yard 2. Plantings:
building or court of a house a. Distances as
is surrounded by prescribed by
other houses ordinances or
b. The outlet to the customs must
water must be at be observed.
the point where If none:
egress is easiest i. For large
and establishing a trees: at
conduit for least 2m
drainage from
c. There must be boundary
payment of proper ii. For shrubs:
indemnity at least
I. Drainage of 50cm from
Note: The non- Buildings (Arts. 674 II. Intermediate the center
observance of these 676) Distances And of the tree
distances does not 1. Easement of Works For Certain
give rise to drainage of buildings Constructions And b. Intrusions;
prescription. the right to divert Plantings (Arts. i. Of
or empty the rain 677681) branches:
When the foregoing waters from ones 1. Constructions: the owner
distances are not own roof or shed to wells, sewers, etc. of the tree
observed, only the neighbors estate a. Distance is fixed may be
RESTRICTED either drop by drop by ordinances compelled
WINDOWS may be or through conduits to cut
 intruding are divided by a A voluntary easement 3. In default of any of the
branches at vertical plane could be extinguished above, by the
the only by mutual provisions of the Civil
boundary Subjacent support agreement or by Code on easements
ii. Of roots: When the supported renunciation of the owner
the owner land is above and of the dominant estate. When there is a
of the the supporting land The opening of an usufruct
invaded is beneath adequate outlet to a 1. The owner of a
tenement highway can extinguish tenement or piece of
may cut Note: There exists a only legal or compulsory land may impose
them doubt as to whether easements, not voluntary thereon, without the
himself at easements against easements. The fact that consent of the
the nuisance and lateral an easement by grant usufructuary, any
boundary and subjacent may have also qualified servitudes which will
iii. Fruits support may be as an easement by not injure the right of
falling categorized as legal necessity does not usufruct (Art. 689);
NATURALL easements (Reyes- detract from its 2. When a usufruct
Y belong to Puno. pp.188189). permanency as a exists, the beneficial
the owner property right, which owner may by himself
of the land The duty of an survives the termination create a temporary
Note: If a fruit fell on adjacent owner of the necessity. easement compatible
a public property, making excavations (Unisource Commercial with the extent of his
then the owner of upon his land not to & Dev. Corp v. Chung et beneficial dominion (4
the tree retains deprive any adjacent al.GR No. 173252, July Manresa 838).
ownership. land of sufficient 17, 2009).
lateral or subjacent Note: If the easement is
III. Easement support is an It is generally effective perpetual, BOTH the
Against Nuisance absolute one. It does between the parties, their naked and beneficial
(Arts. 682-683) not depend upon the heirs and assigns, except owners MUST
Who is the servient degree of care and in case where the rights CONSENT (Art. 690)
owner in an precaution made by and obligations under the
easement against the proprietor in contract are not When there is co-
nuisance? It is the making the transmissible by their ownership (Art. 691)
proprietor or excavation or nature. In order to impose an
possessor of the building in his land easement on an
building or piece of (De Jesus, et al vs. The owner possessing undivided tenement, or
land, who commits Howmart Corp. et al, capacity to encumber piece of land, the
the nuisance thru GR No. 44191-R, property may constitute a consent of ALL the co-
noise, jarring, August 28, 1974). voluntary servitude. If owners shall be required.
offensive odor, etc. there are various owners,
The adjacent ALL must consent; but Reason: The creation of
Who is the dominant landowner is entitled consent once given is not the voluntary easement
owner? The general to injunctive relief revocable. is an act of ownership.
public, or anybody and to damages for
injured by the violation of the Rules governing However, the consent
nuisance provisions voluntary easements: need not be given
1. If created by title, such simultaneously; they can
IV. Lateral and VOLUNTARY as contract or will, then be given successively.
Subjacent Support EASEMENTS (Arts. by such title
(Arts. 684-687) 688-693) 2. If created by Once a co-owner gives
Easements constituted prescription, by the the consent, he cannot
Lateral support by will of the parties or of form and manner of later on revoke his
When the supported a testator. possession of the consent, unless it is a
and supporting lands easement vitiated consent. In fact,
his own successors
cannot ordinarily revoke is that the noise is of
the consent he had such character as to
given. produce actual
physical discomfort
Voluntary easements and annoyance to a
are established in person of ordinary
favor of: sensibilities rendering
1. Predial servitudes: adjacent property less
a. For the owner of the comfortable and
dominant estate valuable.
b. For any other person
having any juridical Negligence and
relation with the Nuisance;
dominant estate, if Distinguished
the owner ratifies it Negligence
2. Personal servitudes: Basis character likely to attract
for anyone
capacitated to Liability is based on lack of
accept proper care or diligence
Condition of the
Act complained of is
already done which
N UISANCE
caused injury to the
plaintiff
Any act, omission,
Abatement
establishment, business Abatement is not available
or condition of property as a remedy. The action is
or anything else which: for damages.
(ISAHO)
1. Injures/endangers the
Classes:
health or safety of
1. Per se nuisance at
others;
all times and under all
2. Shocks, defies or
circumstances
disregards decency or
regardless of location
morality;
and surrounding.
3. Annoys or offends the
2. Per accidens
senses;
nuisance by reason of
4. Hinders or impairs the
circumstances,
use of property
location, or
Note: If the hindrance
surroundings.
is just, authorized and
3. Public affects the
necessary, it is not a
community or
nuisance.
considerable number
of persons.
5. Obstructs or interferes
4. Private affects only a
with the free passage
person or a small
to any public highway
number of persons.
or street, or body of
5. Mixed nuisance may
water.
be both public and
Note: The determining
private in character.
factor is not its
intensity or volume. It
Nuisance v. Trespass
In trespass, there is entry
into anothers property,
this is not necessarily so
in nuisance. In trespass
the injury is direct and
immediate; in nuisance it
is only consequential.
Doctrine of Attractive
Nuisance
One who maintains on
his premises dangerous
instrumentalities of a
children in play and who
fails to exercise ordinary
care to prevent children
from playing therewith or
resorting
act thereto is liable
to a child of tender years
who is injured thereby,
even if the child is
technically a trespasser
in the premises.
A swimming pool or
water tank is not an
attractive nuisance
(Hidalgo Enterprises vs.
Balandan GR No. L-
3422, June 13, 1952).
Remedies Against
Public Nuisance (PCE)
1. Prosecution under the
RPC or local ordinance
2. Civil Action
3. Extrajudicial
Abatement
Remedies Against
Private Nuisance (CE)
1. Civil Action
a
2. Extrajudicial
Abatement
Extrajudicial
Abatement
Requisites:
1. Nuisance must be
specially injurious to
the person affected;
2. No breach of peace or
unnecessary injury
must be committed;
3. Prior demand;
4. Prior demand has
been rejected;
5. Approval by district
health officer and
assistance of local
police; and
6. Value of destruction
does not exceed
P3,000.
The action to abate a
public/private nuisance is
NOT extinguished by
prescription. Except in
easements which are
extinguished by
obstruction and non user
for 10 years (Paras, Civil
Code of the Philippines
Annotated, Volume II,
2008 ed., p. 748).
Roles of Officers With
Respect to Private
Nuisance (Arts. 700
to702)
1. District health officer is
charged with the duty
to see to it that one or
all of the remedies
against a public
nuisance are availed
of.
Note: Under the
Revised Charter of
Manila, the proper
official insofar as
illegeal construction of
houses or public
streets are concerned,
is the City Engineer
(Sitchon v Aquino,
G.R. No. L-8191.
February 27, 1956).
2. The action must be
commenced by the city
or municipal mayor.
Note: A private person
may also file an action
if the public nuisance is
 especially injurious to Is the juridical justification transferee, actually or
Basis Real Right
him for the acquisition or a constructively.
transfer of ownership or
other real right. This is world Requisites:
R EGISTRY OF Pthe ROPERTY
remote cause of the 1. Right transmitted
acquisition (Acap vs. CA, should have previously
Registration GR No. 118114, Limited by existed in the
Is any entry made in a December 7, 1995). usefulness, value patrimony of the
Limit
book or public registry of or productivity of grantor;
deeds Mode and Title; the thing 2. Transmission should
Distinguished be by just title;
Systems of
Mode Extinguished by3. Grantor and grantee
Registration: Extinguish loss or should have intention
1. Former registration destruction of the and
Proximate cause capacity to
ment
systems transmit and acquire;
The true cause (or thing
a. Spanish Mortgage and
Law of 1893 process) 4. Transmission should
b. Torrens System be manifested by some
established by the Directly produces a real act which should be
Land Registration right physical, symbolical or
Act (Act No. 496) legal.
c. Sec. 194 - Revised
Administrative Code Real Right and Kinds:
2. Present registration Personal Right; 1. Real Tradition actual
system - Property Distinguished delivery.
Registration Decree Basis Real Right Different Modes and 2. Constructive Tradition
(PD No. 1529) Titles of Acquiring a. Traditio Symbolica
Ownership parties make use of
Effects of Registration: Modes of Acquiring a token or symbol to
1. Operates as Ownership represent the thing
constructive notice Created by both Original Modes delivered
2. Does not validate or title and mode b. Traditio Longa Manu
cure defective Creation and directly Occupation Condition byof mere beingconsent
instrument created over a of theowner
without known parties if the
3. Cannot bind property thing Work which includes Creation, thing sold cannot
discovery or be
where it is legally Intellectual creation invention transferred to the
ineffective Derivative Modes possession of the
4. Does not vest title vendee at the time of
5. Rule of first in time, Law the sale
Generally
first in right. corporeal or c. Traditio Brevi Manu
Tradition Contract of the parties
Object tangible. Object when the vendee
D IFFERENT M ODES OFis specific Donation Contractalready
of the parties has
property or thing. possession of the
A CQUIRING O WNERSHIP Prescription thing sold by virtue
a. There is one of another title
Mode definite Succession d. Traditio Constitutum
IS the actual process of active Possessorium
acquisition or transfer of subject; andTradition/ Delivery when the vendor
ownership over a thing in one Is a mode of acquiring continues in
Subjects
question. This is the b. Indefinite ownership as a possession of the
proximate cause of the passive consequence of certain thing sold not as
acquisition. subject contracts by virtue of owner but in some
which is thewhich the object is other capacity
Title whole world placed in the control and 3. Quasitradition
Enforceab Enforceable possession of the exercise of the right of
ility against the whole
 the grantee with the 3. Finding of abandoned (Report of Code
consent of the grantor. movables Commission). The Occupation and
4. Tradicion por State need not acquire Possession
ministerio de la ley A thing is considered abandoned lands by Distinguished
delivery by operation of ABANDONED when: occupation because Occupation P
law. a. Spes recuperandi once the requisites of
Merely
5. Tradition by public (expectation to abandonment had
Mode of acquiring presump
instrument the recover) is GONE; been fulfilled; reversion
ownership when it i
execution is equivalent b. Animo revertendi operates automatically
concept
to the delivery of the (intention to return or (Pineda, 497).
thing, object of the have it returned) has
May be e
contract. been given up by the Land ownership
Refers only to corporeal kind of
owner. CANNOT be acquired
personal property real or p
O CCUPATION by occupation (Art 714)
or incorp
4. Finding of hidden Reason : When the land
treasure is without owner, it Requires that the object
Is a mode of acquiring 5. Catching of swarm of pertains to the State Refer to
thereof be without an
ownership by the seizure bees that has escaped pursuant to REGALIAN by some
owner
of corporeal things that from its owner, under DOCTRINE.
have no owner, with the certain conditions Requires that there be an May be h
intention of acquiring 6. Catching of Can the State claim intent to acquire ownership of a mere
them, and according to domesticated animals ownership over an
the rules laid down by that have escaped ABANDONED private May not take place without May
law. from their owners, land? form of possession occupatio
under certain There is no law which Generall
Requisites: conditions categorically provides Of short duration
duration
1. There must be seizure 7. Catching of pigeons that such land becomes
of a thing; without fraud or artifice the property of the State. By itself cannot lead to May lead
2. The thing seized must 8. Transfer of fish to Since Art. 714 makes no another form of acquisition which is
be corporeal personal another breeding place distinction between land
property; without fraud or artifice which never had an
3. The thing must be Note: A thing that has owner and a land
susceptible of been lost or taken by originally with an owner
appropriation by force is not ipso facto but later abandoned, it
nature; converted to res would seem that the land
4. The thing must be nullius for it to belong cannot be acquired by
without an owner; to the person who occupation. HOWEVER,
5. There must be an takes possession of there are Civil Law Rules as to Lost
intention to the same without the authorities who are of the Movables
appropriate; and necessity of proving view that such 1. Theft is committed by
6. Requisites laid down the mode of his interpretation would any person, having
by law must be acquisition and it may result in the absurd found lost property,
complied with. thus be recovered by situation of an shall fail to deliver the
the original owner abandoned land same to the local
Note: Material holding is (See Art. 559). Such remaining perpetually res authorities or to its
not essential as long as thing cannot be nullius and not capable of owner
the possessor considers acquired by being acquired by 2. One who buys the
the thing as subjected to prescription even if prescription. THUS, it is property from the
his control or disposition extraordinary. submitted that the finder knowing that he
abandoned land is buying lost property
Specific Instances: Land cannot be the becomes patrimonial has the duty to return
1. Hunting and fishing object of occupation land of the State although he is not the
2. Finding of movables because when land is susceptible of acquisition finder
which do not have an without an owner, it thru acquisitive 3. Thing cannot be
owner pertains to the State prescription. acquired by
 prescription even if is no total loss of
extraordinary control of his mental
4. Law requires the finder facilities (Catalan vs.
to deliver the movable Basa, G.R. No.
to the mayor where the 159567, July 31,
finding has taken place 2007).
5. Abandonment must be
voluntary and ESSENTIAL
intentional to be FEATURES/ELEMENT
effective S OF A TRUE
6. If the owners should DONATION:
appear in time, he is 1. Alienation of property
obliged to give the by the donor during his
finder a 10% reward lifetime, which is
based on the sum of accepted
the price of the thing 2. Irrevocability by the
found donor
7. The expenses must be 3. Animus Donandi
reimbursed by the 4. Consequent
finder or the owner in impoverishment of the
case the latter claims donor
the movable
PERFECTION OF
DONATION (Art. 734)
D ONATION
The donation is perfected
from the moment the
It is an act of liberality donor knows of the
whereby a person acceptance by the
disposes gratuitously of a donee.
thing or right in favor of
another who accepts it
(Art. 725).
REQUISITES: (CIDA) Note: Acceptance MUST
1. Donor must have be made during the
capacity to make the lifetime of the donor AND
donation at the time of of the donee (Art. 746)
the perfection of the 1. In case of donation
contract inter vivos, acceptance
2. He must have donative takes effect during the
intent (animus lifetime of the donor
donandi) and the donee.
3. There must be delivery 2. In case of donation
4. Donee must accept or mortis causa,
consent to the acceptance is made
donation only after the donors
death because they
Donation is valid even partake of a will and
if the person has thus governed by the
schizophrenia. A rules on succession
person suffering from (Art. 728)
such sickness is
presumed capable of Acceptance is
attending to his indispensable because
property rights. There nobody is obliged to
receive a benefit against
his will. Its absence
makes the donation
NULL and VOID.
Prior to learning of the
acceptance, there is as
yet no perfected
donation, in which case
the donor may give the
property to somebody
else.
Once a valid donation is
perfected, it cannot be
revoked without the
consent of the donee
except on the grounds
provided by law such as
inofficiousness, failure of
the donee to comply with
the charges imposed in
the donation or by reason
of ingratitude.
Donation and acceptance
may be contained in the
same instrument, in
which case there is
already knowledge of the
acceptance, hence the
donation is already
perfected (Laureta v.
Mata, G.R. No. L-19740,
March 22, 1923).
Classification:
1. As to effectivity:
a. Inter vivos
b. Mortis causa
c. Propter nuptias donations
made by reason of
marriage and before
its celebration, in
consideration of the
same and in favor of donation itself remains
one or both of the
future spouses
2. As to perfection/
extinguishment:
a. Pure
b. Conditional
c. With a term
3. As to consideration:
a. Simple the cause
of which is the pure
liberality of the donor
in consideration of
the donees merits
b. Remuneratory or
compensatory that
which is given out of
gratitude on account
of the services
rendered by the
donee to the donor,
provided they do not
constitute a
demandable debt
c. Modal imposes
upon the donee a
burden which is less
than the value of the
thing donated
d. Onerous imposes
upon the donee a
reciprocal obligation
or, to be more
precise, this is the
kind of donation
made for a valuable
consideration, the
cost of which is
equal to or more
than the thing
donated (Republic
vs. Silim, GR No.
149487, April 2,
2001).
Note: Illegal or
impossible conditions in
simple and remuneratory
shall be
considered as NOT
imposed (Art. 727). Only
such conditions are
disregarded, but the
valid.
Donations with an
onerous cause are
governed NOT by the law
on donations but by the
rules on contracts.
Hence, on the matter of
prescription of actions for
the revocation of onerous of a suspensive GR No. L-50553, administration of the
donation, it was held that condition, which may February 19, 1991). property, the donation
the general rules on take place beyond the is mortis causa (Carino
prescription applies (De natural expectation of In case of doubt, the v. Abaya, G.R. No.
Luna v. Abrigo, G.R. no. life of the donor, does conveyance should be 46706, June 26,
L-57455, January 18, not destroy the nature deemed donation mortis 1940).
1990). of the act as a donation causa in order to avoid 5. Where the donor
inter vivos, unless a uncertainty as to the stated that while he is
A stipulation in the contrary intention property. alive he would not
donation that it was appears (Art. 730). dispose of the property
made for and in Instances of Donations or take away the land
consideration of the love Fulfillment of the Inter Vivos : because I am
and affection which the suspensive condition is 1. A donation where the reserving it to him (the
donee inspires in the retroactive to the making causes of revocation donee) upon my
donor, and as an act of of the donation except have been specified. death (Cuevas v.
liberality and generosity when there is a contrary (Zapanta v. Posadas, Cuevas, G.R. No. L-
is sufficient cause for a intention on the part of G.R. No. L-29204 8327 December 14,
donation (Quilala vs. the donor. December 29, 1928) 1955).
Alcantara, GR No. 2. A donation where the 6. One where the donees
132681, December 3, When a person donates donor reserved for should not as yet get
2001). something, subject to the himself a lifetime the possession until
resolutory condition of usufruct of the our demise, the
Donation Inter Vivos the donors survival, property, for if he were administration
and Donation Mortis there is a donation inter still the owner, there remaining with the
Causa; Distinguished vivos (Art. 731). would be no need of donor spouses, or
said reservation. either one surviving
Donation Inter Vivos
The title given to a Deed (Balaqui v. Dongso, (Guarin v. De Vera, L-
Takes effect Takesof effect
Donation uponis the
NOT the G.R. No. L-31161 8577, February 28,
independently determinative
of the death of the donor factor October 28, 1929.) 1957).
donors death which makes the 3. A donation where the
Madedonation inter vivos or
in contemplation donor warrants the title Instances of Donations
of hismortis causa. the
death without Whether to the thing which he is Mortis Causa:
Made out of donors
a donation
intention to lose is inter
the vivos donating (Balaqui v. 1. One where the
pure generosity
or mortis
thing or its freecausa depends
disposal Dongso, supra) there registration of the deed
upon the
in case of survival nature of the would be no need of before the donors
Title conveyed to the Title disposition
conveyed made upon(Reyes warranty were he not death is prohibited
donee before vs.death
the donors Mosqueda, GR No. be transferring the title. (Puig v. Penaflorida,
donors death 45262, July 23, 1990). 4. Where the donor G.R. No. L-15939
Valid if donor survives Void if donor survives immediately January 31, 1966).
done done Art. 729 speak of transferred the 2. Donation which will
Generally irrevocable Always donations
revocable in praesenti
at ownership, take effect and pass
during donors lifetime anytime which and takeforeffect
anyduring possession, and title only by and
except for grounds reason the lifetime
before of the the donor administration of the because of death
provided by law (Arts. donors butdeath
the property shall be property to the donee, (Howard v. Padilla, L-
760, 765) delivered only after the but stipulated that the 7064, April 22, 1955).
Must comply with the Must donors comply with death.the Such right of the donee to 3. If the donor retains full
formalities required by formalities requiredinter
donations are by vivos harvest and alienate and naked ownership
Arts. 748 and 749 of the law for the execution ofsubject
although the the fruits would begin and control over the
Code wills matter is not delivered at only after the donors property while he is still
Must be accepted by the Can once, only be or the delivery is to
accepted death. (Guzman v. alive (Heirs of
made post
be donors
donee during his lifetime after the death mortem, Ibea, G.R. No. L- Bonsato v. CA, L-
Subject to donors tax which
Subject is a simple
to estate tax matter 45724, April 27, 1939). 6600, July 30, 1954).
of form and does not However, if what had 4. One where properties
Note: The fixing of an change the nature of the been transferred in the will be delivered after
event or the imposition act (Vita vs. Montanano meantime was only the donors death
5. Where the right to
dispose and enjoy is
reserved by the donor
6. Donation which makes
no actual conveyance
before the donors
death.
PERSON WHO MAY
GIVE OR RECEIVE A
DONATION
DONORS
The donor MUST have
BOTH the CAPACITY TO
CONTRACT and TO
DISPOSE (Art. 735).
Under the Family Code,
every donation between
spouses during the
marriage shall be void
except moderate gifts on
the occasion of family
rejoicing. The prohibition
applies also to persons
living together as
husband and wife without
a valid marriage, or in
illicit relation.
Under the Corporation
Code, every corporation
has the power and
capacity, inter alia, to
make reasonable
donations, including
those for the public
welfare or for hospital,
charitable, cultural,
scientific, civic, or similar
purposes. HOWEVER, it
CANNOT give donations
in aid of any political
party or candidate or for
purposes of partisan
political activity.
Guardians and trustees
cannot alienate property
entrusted to them (Art
736):
1. This prohibition is NOT
absolute. It is
applicable only in case
of simple donation, but with a special power during his/her last
not where the donation for the purpose, or with illness;
is onerous, and is a general and sufficient 9. Made by individuals,
beneficial to the power; otherwise the associations or
beneficiary. donation shall be void corporations not
2. Trustees who have (Art. 745). permitted by law to
repudiated the trust make donations; and
and have acquired the DONATIONS 10. Made by spouses to
properties by PROHIBITED BY LAW: each other during the
prescription, are 1. Made by persons guilty marriage or to persons
allowed to donate said of adultery or of whom the other
properties. concubinage at the spouse is a
time of donation (Art. presumptive heir.
Note: Donors 739);
capacity shall be 2. Made between FORMS OF
determined as of the persons found guilty of DONATIONS (Arts. 748
time of the making of the same criminal and 749)
the donation (Art. 737). offense in 1. Donations of movable
Making means consideration thereof; property:
perfection of the 3. Made to a public officer a. If donation is oral,
donation. or his/her spouse, simultaneous
The subsequent descendants or delivery of property
incapacity of the donor ascendants in donated is required if
does not affect the consideration of his/her the value is
validity of the donation. office; P5,000.00 or less.
4. Made to the priest who Acceptance may be
DONEES heard the confession oral or written.
All those who are not of the donor during the b. If donation is in
specially disqualified by latters last illness, or writing, simultaneous
law therefor may accept the minister of the delivery of property
donation. gospel who extended donated is not
Donations may be made spiritual aid to him required regardless
to incapacitated persons during the same period of value. Acceptance
such as: (Art. 1027); may be oral or
a. Minors, and others 5. Made to the relatives written.
who cannot enter into of such priest, etc. c. If the value exceeds
a contract, BUT within the 4th degree, P5,000.00, the
acceptance shall be or to the church to donation and
done through their which such priest acceptance must be
parents or legal belongs; in writing.
representatives (Art. 6. Made by a ward to the Simultaneous
741); and guardian before the delivery of property
b. Conceived and unborn approval of accounts; donated is not
children, acceptance of 7. Made to an attesting required.
which may be made by witness to the
those persons who execution of donation, 2. Donation of
would legally represent if there is any, or to the immovable property:
them if they were spouse, parents, or a. Must be in a
already born (Art. children, or anyone public instrument
742). claiming under them. specifying the
8. Made to a physician, property donated
Note: The donee must surgeon, nurse, health and the burdens
accept the donation officer or druggist who assumed by
personally, or through took care of the donor donee, regardless
an authorized person of value
 b. Acceptance must b. If the donor has no 3. Donee is subrogated to
be either: forced heirs: all the rights and
i. In the same donation may Future property actions which in case
instrument include all present Anything which the of eviction would
ii. In another property provided he donor cannot dispose pertain to the donor
public RESERVES in full of at the time of the (Art. 754, 1st
instrument, ownership or in donation. sentence).
notified to the usufruct:
donor in i. The amount 3. Donation should not 4. Donors warranty
authentic form, necessary to prejudice creditors. exists if: (Art. 754, 2nd
and noted in support him and 4. Donee must reserve and 3rd sentences)
both deeds those relatives sufficient means for his a. Expressed
entitled to support and for his b. Donation is propter
Note: Expression of support from him relatives which are nuptias
gratitude to the (Art. 750) entitled to be c. Donation is
donor without ii. Property supported by him. ONEROUS, thus if
express acceptance sufficient to pay simple or
was held a sufficient the donors debt EFFECTS OF remunerative, the
acceptance (Cuevas contracted prior DONATION: donor is not liable for
vs. Cuevas GR No. to the donation. 1. When the donation is eviction or hidden
L-8327, December made to several defects.
14, 1955). Note: Without such donees jointly, they are d. Donor is in bad faith
reservation, the entitled to equal
A donation of donation shall be portions, without 5. In donations propter
immovable to be reduced on petition accretion, unless the nuptias, the donor
valid must be in a of any persons contrary is stipulated. must release the
public instrument. affected. Donation is (Art 753). property from
However, even if still VALID. encumbrances, except
void, it can be the Generally, there is no servitudes
basis of acquisitive The limitation accretion. By virtue of
prescription for as applies only to ACCRETION, the Donation With
long as there is simple, share of the done who Reservations on the
adverse possession remunerative, and dies ahead of the Right to Dispose (Art.
in the concept of an modal donations, donor before 755)
owner (Bautista vs. BUT not to onerous perfection, or who is The right to dispose of
Poblete, G.R. No. ones, which are incapacitated, or who some of the things
141007, September governed by the law repudiates or refuses donated, or of some
13, 2005). on contracts. the donation, goes to amount which shall be a
the co-donees, charge thereon, may be
LIMITATIONS ON Under the Family provided that accretion reserved by the donor
DONATION OF Code, donations is PROPER (Art. (Art. 755). BUT, if he
PROPERTY: propter nuptias 1015). should die without having
1. Donation may cannot exceed more made use of this right,
comprehend ALL the than 1/5 of the Thus, when a donation the property or amount
present property of the present property of was given to A and B, reserved shall belong to
donor, PROVIDED: the future spouses, and the former refuses the donee.
a. If the donor has under a regime other to accept, B will not get
forced heirs: he than the absolute As share unless the Donation of Naked
cannot give or community of donor has provided Ownership (dominium
receive by donation property (Art. 84, otherwise. directum) AND Usufruct
more than what he FC). (dominium utile) (Art.
can give or receive 2. Donee may demand 756)
by will (Art. 752); 2. Donations CANNOT the delivery of the The ownership of
and comprehend future thing donated property may also be
property. donated to one person
and the usufruct to
another or others,
PROVIDED all the
donees are living at the
time of the donation (Art.
756)
If the property donated is
IMMOVABLE, the
formalities for donations
of real property must be
complied with (Art. 749),
because the naked
ownership and usufruct
over real property are
real properties
themselves.
CONVENTIONAL
REVERSION (Art. 757)
Reversion may be validly
established in favor of
ONLY the donor for any
case and circumstances,
BUT not in favor of other
persons UNLESS they
are all living at the time of
the donation.
Any reversion stipulated
by the donor in favor of
third person in violation
of this provision shall be
VOID, BUT shall NOT
nullify the donation (Art.
757).
A reversion in favor of an
unconceived child is void,
but such nullity shall not
invalidate the donation
(See Art. 1230).
PAYMENT OF THE
DONORS DEBT BY
THE DONEE:
1. If there is express
stipulation: the donee
is to pay only debts
contracted before the
donation, if not
otherwise specified;
but the donee answers
only up to the value of
the property donated, if
no stipulation is made
to the contrary.
2. If there is no
stipulation: the donee
is answerable for the
debts of the donor only
in case of fraud against
creditors.
The donation is always
presumed to be in
fraud of creditors,
when at the time
thereof, the donor did
not reserve sufficient
property to pay his
debts prior to the
donation.
GROUNDS FOR
REVOCATION OF 2. Non-fulfillment of a
DONATION:
1. Birth, appearance,
or adoption of a
child (Art. 760)
Applies to all donations
inter vivos, and NOT to
donation mortis causa,
onerous donations,
and donations propter
nuptias.
The donor, at the time
he made the donation,
did not have any child
or descendant or
erroneously thought he
had no more. If the
donor had at least one
child already at the
time he made the
donation, apply Arts.
771 and 752.
The action for
revocation under this
ground shall
prescribe after the non-compliance
FOUR years from: with the condition;
a. The birth of the d. Said action may be
FIRST child; or transmitted to the
b. His legitimation, heirs of the donor,
recognition or and may be
adoption; or exercised against
c. The judicial the donees heirs.
declaration of e. Under Art.768, the
filiation; or donee shall
d. The time information RETURN not only
was received the property but also
regarding the the fruits thereof
existence of the child which he may have
believed dead. received after having
failed to fulfill the
Note: The donee condition.
shall NOT return the
FRUITS, except 3. Ingratitude of the
from the filing of the done (Art. 765)
complaint. (Art.768) Acts of Ingratitude
a. If the donee should
commit some
resolutory condition offense against the
(Art. 764) person, the honor or
Revocation at the property of the
instance of the donor. donor, or of his wife
or children under his
In the absence of parental authority;
affirmative proof to the b. He imputes to the
contrary, the donor any criminal
presumption is that the offense, or any act
donee has complied involving moral
with his obligation turpitude, even
under the deed of though he should
donation. prove it, unless the
crime or the act has
Rules: been committed
a. The property against the donee
donated shall be himself, his wife or
returned to the children under his
donor; authority; and
b. If the property is c. He unduly refuses
sold, donated or him support when
mortgaged, the the donee is legally
alienation or or morally bound to
encumbrance will be give support to the
considered VOID, donor.
unless the grantee
be an innocent third Although the
party; donation is revoked
c. The actions shall on account of
prescribe after ingratitude,
FOUR YEARS from nevertheless, the
alienations and
mortgages effected the fact, the donor in good faith and
BEFORE the becomes b. The donee shall with just title for the
notation of the unconscious for 6 NOT return the time fixed by law
complaint for months, the period FRUITS, except b. Extraordinary
revocation in the of 6 months shall from the filing of the acquisitive
Registry of Property NOT be counted complaint. (Art.768) prescription:
shall SUBSIST. Later acquisition of
ones shall be void Revocation of onerous Note: If a Deed of ownership and other
(Art. 766). donations Donation expressly real rights without
The action for revocation provides for need of title or of
of an onerous donation automatic reversion good faith or any
does not prescribe in 4 of the property other condition
For alienations years. It is governed by donated in case of Requisites:
and mortgages the law on contracts, it violation of a i. capacity to acquire
effected before prescribes in 10 years condition therein, a by prescription
notation of the (Sec. of Education vs. judicial declaration ii. a thing capable of
complaint, the Heirs of Rufino Dulay, revoking the same is acquisition by
donor shall have a G.R. No. 164748, not necessary. The prescription
right to demand January 27, 2006). rules on contracts iii.possession of
from the donee: and the general thing under certain
i. The value of the GROUNDS FOR rules on prescription conditions
property alienated REDUCTION OF (10 years to recover iv.lapse of time
which he cannot DONATION: in case of written provided by law
recover from third 1. Birth, appearance, or contracts) should
persons; OR adoption of a child apply and not the 4 2. Extinctive Prescription
ii. The sum for which (Art. 760) year rights and actions
the same has 2. Failure of the donor to prescriptive period are lost through the
been mortgaged. reserve sufficient under Art. 764 of the lapse of time in the
(Art. 767). means for support of Civil Code (Roman manner and under the
himself or dependent Catholic Archbishop of conditions laid down by
The donee shall relatives (Art. 750) Manila vs. CA, GR No. law; also called
NOT return the 3. Failure of the donor to 77425, June 19, 1991). limitation of actions.
FRUITS, except reserve sufficient
from the filing of the property to pay off his Acquisitive and
complaint (Art. 768). existing debts (Art. P RESCRIPTION
Extinctive Prescription;
759) Distinguished
The action granted 4. Inofficiousness, that is, Concept: It is a means Acquisitive Prescription Extinc
to the donor by the donation exceeds of acquiring ownership Relationship between the
reason of ingratitude that which the donor and other real rights or occupant and the land in
One do
CANNOT be can give by will (Arts. losing rights or actions to terms of possession is
act of th
renounced in 752 and 771) enforce such rights capable of producing legal
the negl
advance. a. For purposes of through the lapse of time. consequences; it is the
reduction, the value possessor who is the actor
Said action of the estate is that Kinds: Require
Requires possession by a
prescribes in ONE which it had, NOT at 1. Acquisitive prescription owner
claimant who is not the
year, to be counted the time of donation, one acquires with a
owner
from the time the but at the time of the ownership and other action
donor had donors death real rights through the Applies
KNOWLEDGE of the lapse of time in the Applicable to ownership
rights,
fact AND it was Formula: manner and under the and other real rights
persona
possible for him to Net Hereditary conditions laid down by Produce
bring the action. Estate = property left law. Vests ownership or other
rights o
MINUS debts and a. Ordinary acquisitive real rights in the occupant
action
Thus, if immediately charges PLUS the prescription: requires Results in the acquisition of Results
after knowledge of value of the donation possession of things ownership or other real or pers
rights in a person as well as
the loss of said ownership
or real rights in another
Can be proven under the
general issue without its
being affirmatively pleaded
Rationale of
prescription:
Prescription is of purely
statutory origin and is
founded on ground of
public policy. Time limit is
imposed for a party to
enforce his claim so that
titles to property and
other rights will be
stabilized. It protects the
diligent and vigilant, not
the person who sleeps
on his rights.
Prescription is rightly
regarded as a STATUTE
OF REPOSE.
Prescription as a void contract may be
matter of defense
Burden of proof: Rests
on the party laying claim
to it.
Effect of failure to
plead prescription:
Failure to plead
constitutes waiver of the
defense and cannot be
raised for the first time at
the trial or on appeal.
General Rule: The
issue of prescription is
one involving evidentiary
matters requiring a full-
blown trial on the merits
and cannot be
determined in a mere
motion to dismiss.
Exceptions:
1. When the plaintiffs
complaint on its face or
the evidence he
presented shows
clearly that indeed the
action has prescribed
at the time it was filed.
2. If, before trial, a party
has no means of
knowing that
opponents claim has
already lapsed,
prescription as a
defense may be
pleaded later as soon
as the true nature of
the claim is
discovered.
Laches
Failure or neglect for an
unreasonable and
unexplained length of
time, to do that which, by
exercising due diligence,
one could or should have
done earlier.
Note: It Applies even to
imprescriptible actions
(e.g. action to annul a
barred by laches)
Prescription and
Laches; Distinguished
Prescription
Concerned with the fact of
delay
A question or matter of time
Statutory
Applies at law
Cannot be availed of unless
it is especially pleaded as
an affirmative allegation
Based on a fixed time
Capacity to acquired
by prescription (Art.
1107)
General Rule: A person
must have the legal
capacity to acquire men may be acquired by
property or rights by the prescription
other legal modes in
order that he may Note: The objects of
acquire the same by possession are things
means of prescription. and rights which are
susceptible of being
Exception: Minors and appropriated under Art.
other incapacitated 530. Since possession is
persons may acquire required for prescription,
property or rights by it follows that things
prescription, either which are not susceptible
personally or through of being appropriated
their parents, guardians CANNOT be the object of
or legal representatives. prescription.
Renunciation Void Property of public
A renunciation of dominion and common
prescription in advance is things cannot be
void. An agreement that acquired by prescription
the obligation arising
from the contract shall Res nullius (property
not be subject to without an owner) is
prescription is not acquired by occupation
binding. and not by prescription
because prescription
Renunciations by presupposes a previous
Representatives owner.
Only persons with
capacity to alienate
property can renounce Exceptions:
prescription already 1. Lands registered under
obtained. Not guardians, the Torrens system
executors, administrators (Sec.47, PD 1529)
2. Properties of spouses,
With regard to parents and children
creditors (Art. 1114) and guardians and
Notwithstanding the wards under certain
express or tacit conditions as between
renunciation by a person themselves (Art.1109)
of a prescription already 3. Movables possessed
obtained, his creditors through a crime
and all other persons (Art.1133)
interested in making the
prescription effective, Characteristics
may still plead Possession to be basis
prescription for of Prescription (Art.
themselves to the extent 1118)
of their credit. Possession is the
FUNDAMENTAL basis of
Object of Prescription prescription.
(Art. 1113)
General Rule: All things 1. Concept of Owner
within the commerce of Where the property
was in the adverse,
 continuous and It is acquired and Sec. 3 par. 1, and
notorious possession maintained without (Arts. 1108,1110) Sec.7).
of a buyer in the any violence, physical
concept of owner for or moral. Minors and other The rule that prescription
incapacitated persons
more than half a incapacitated persons does not run against the
who DO NOT have
century, the claim over The possession who have parents, State does not apply to
parents, guardians or
such property has continues to be guardians or other legal corporations created by
other legal
already prescribed. peaceful even if the representatives (Art. the State for special
representatives
possessor should use 1108) purposes, it being said
1108)
Acts of a possessory such force as is that when the title of the
Absentees who DO
character which are reasonably necessary Absentees who have Republic has been
NOT have
merely tolerated by the to repel or prevent an administrators, either divested, its grantees,
administrators, either
possessor or which are actual or physical appointed by them although artificial bodies
appointed by them
due to his license, do invasion of the before their appearance of its own creation, are in
before their appearance
not constitute property. or appointed by the the same category as
or appointed by the
possession. courts (Art. 1108) ordinary persons
courts
(Shipside Inc. vs. CA,
Persons
License Persons living abroad, G.R. livingNo.abroad, 143377.
Positive act of the who February
do NOT have
20, 2001).
who have managers or
managers or
owner in favor of the 4. Uninterrupted administrators (Art.
holder of the thing. When the possessor administrators
Renunciation of
1108)
has never ceased to 1108)prescription already
Tolerance manifest with external Juridical persons State acquired and (Art. its 1112):
Passive acquiescence acts his intention to (including state but only subdivisions (only with
The renunciation of
of the owner to acts exercise a right over with regard to regardprescription
to properties of
is a unilateral
being performed by the thing, which patrimonial property) publicact,dominion)
and does not require
another which appear presupposes that he (Art. 1108) 1108)the acceptance of the
to be contrary to the has never in fact Between
personhusband and by
to be benefited
rights of the former. ceased to exercise the wife it.
right. even though there be a
Tenants cannot acquire Married woman (Art. separation
Requisites:of property
tenanted lands by Continuity is not 1110) agreed upon
1. The person in renouncing
the
prescription, nor can understood in an marriagemust settlements or
have capacity to
an antichretic creditor absolute sense. by judicial decree
alienate property
the land of his debtor. 1109) (because renunciation
Possession is Betweeninvolves
parents and
the disposition
2. Public uninterrupted if there childrenof property);
When the acts of have been no acts of minority
2. Theor renunciation
insanity of must
enjoyment are deprivation of the latterrefer
(Art. 1109)
to prescription
executed in such a enjoyment of the things Betweenalreadyguardian and obtained
manner as to be by a third person, or ward (Art.6, during the may
NCC: rights
manifest or visible to any other act which continuance
be waived) of but the NOT
all, especially to the interrupts prescription. guardianship
the right to prescribe in
person against whom In favor the
of afuture
co-owner or
(contrary to
the possession is Interruption is distinct co-heir public
againstorderhis co-
or public
being adversely from discontinuity; the owners policy);
or co-heirs as
asserted. former is a positive act long 3. Itasmustthe be made co-by the
of third person, while ownershipowner is recognized
of the right
In order for possession the latter is a negative (Art. 494,par.5)
(hence administrator,
to be public, it must be act or abstention on executor, agent, etc.
known to the owner of the part of the Note: Under the cannot renounce
the thing. possessor himself. Constitution, an alien unless given SPA);
cannot acquire any land 4. It must not prejudice
3. Peaceful Against whom in the Philippines even by the rights of creditors
prescription runs prescription does (Art.
prescription not XII, (while rights may be
 waived, it must not be
prejudicial to the rights Note: In case of
of a third person with a natural interruption, the
right recognized by law old possession loses
Art. 6, NCC); and all its juridical effects,
5. The person renouncing and even if the
must have knowledge possession if
of the existence of the reacquired, the old
right. possession cannot be
tacked to the new
Kinds: possession for the
1. Express purpose of
2. Implied/Tacit when prescription.
renunciation results
from acts which 2. Civil - produced by
imply the judicial summons to
abandonment of the the possessor
right acquired.
Note: In the case of
Note: Where the civil interruption, there
party acknowledges is unanimity between
the correctness of the law and the
the debt and commentators in the
promises to pay it view that if the
after the same has possession is
recovered, it can be
prescribed and with connected to the time
full knowledge of the that has elapsed as if it
prescription, he were in fact
thereby waives the continuous, the period
benefit of of interruption is to be
prescription. counted for the
prescription.
But a simple promise
which contains new Effect of Interruption:
and positive promise All the benefits acquired
to pay the debt so far from the
which has possession cease. When
prescribed, such as the prescription runs
a promise to pay again, it will be an
only one-half or even entirely new one.
a part payment,
does not amount to Distinguish
a renunciation of prescription from
prescription. suspension: In
suspension, the past
Interruption of period is included in
Possession (Arts. 1120 computation; old
to 1124) possession is tacked to
Kinds of Interruption of the new (example:
Possession: possession in wartime),
1. Natural - when through
any cause prescription Possession de facto
should cease for more lost if new possession
than one year
of another has lasted
longer than 1 year
Real right of
possession not lost Acts limiting the time
until after the lapse of 10
years.
Recognition by the
Possessor (Art. 1125)
Rule: Any express or
implied recognition or
acknowledgment which might be asserted.
the possessor may make
with regard to the right of
owner will also interrupt
the continuity of
possession.
Requisites:
1. Recognition must be
made by the possessor
himself, or if made by a
third person, the
recognition must be
authorized or ratified
by the possessor
2. Recognition must be
valid and efficacious in
law.
Note: When the act of
recognition was
obtained through
violence, intimidation,
fraud, or any other
cause which vitiates
consent, it will not
interrupt possession.
3. Recognition must have
been made before
prescription has
already been obtained.
PRESCRIPTION OF
ACTIONS
Concept: Prescription of
action/limitation of action
the time within which period provided by law
an action may be brought
or some act done to
preserve the right.
Legal and not natural does not result in any
cause of the
extinguishment of
obligations.
Statutes of limitations
within which actions shall
be brought. Statutes of
limitation do not confer
any right of action, but
are enacted to restrict the
period within which the
right, otherwise limited,
Statutes of Repose
The object of which is to
suppress fraudulent and
stale claims from
springing up at great
distances of time and
surprising the parties of
their representatives
when all the proper
vouchers and evidences
are lost or the facts have
become obscure from the
lapse of time of the
defective memory of
death or removal of
witnesses.
Not substantive right but
only a matter of defense.
Purpose: To protect the
diligent and vigilant, not
those who sleep on their
rights.
Effect of Lapse of
Time:
Actions prescribe by the
mere lapse of time fixed
by law. (Art. 1139). It
extinguishes the action.
But there is no extinctive
prescription unless the
expires.
Mere delay in the
enforcement of a claim
reduction or loss of right,
 unless the full period possession during the
required by law for intervening time,
prescription has expired. unless there is proof to
the contrary.
Prescription to be 3. The first day shall be
Pleaded excluded and the last
Obligation subsists until day included.
he avails himself thereof,
the courts of justice Suppose possession
cannot supply the begins in good faith
defense if the debtor but is later converted
himself does not do so. to bad faith, how is the
period computed? The
Right to prescription may prescription will be
be waived or renounced. extraordinary but the
possession in good faith
shall be computed in the
proportion that the period
Deemed waived if not of extraordinary
timely raised or pleaded prescription bears to that
before or during the of ordinary prescription.
hearing of the case.
Example: If the
It has been held that possessor had
even if not pleaded, if it is possessed for three
apparent on the face of years in good faith,
the complaint, it may be before his possession
favorably considered, was converted into bad
even after evidence is faith, the 3 years will be
adduced. computed as double (6
years).
Period of
Prescription Rights not
Movables Immovables extinguished by
prescription:
Good Faith
1. To demand a right of
4 years 10 years way
Bad Faith 2. To bring an action to
abate a public of
8 years 30 years
private nuisance
3. To demand partition of
Rules on Computation co-ownership
of Period: 4. To demand easement
1. The present possessor of light and view
may complete the through observance by
period necessary for servient owner of
prescription by tacking distances for direct or
his possession to that oblique view
of his grantor or 5. To declare the
predecessor. inexistence of contract
2. It is presumed that the or the nullity of a void
present possessor who judgment
was also the 6. To compel a trustee to
possessor at a re-convey property
previous time, has registered in his name
continued to be in
for the benefit of the Actions Movable
cestui que trust 8 yrs from th
7. To compel time
reconveyance of land Action to recover
possession
registered in bad faith lost
provided it has not yet
passed to an innocent Foreclosure of
1
purchaser for value. Mortgage
All other actions whose
Within 5 yr
Note: An action for periods are not fixed in
right of
reconveyance can be the Code
barred by prescription 1. Upon a written
(DBT Mar-Bay contract
Construction Inc. v. 2. Upon an obligation 1
Panes, G.R. No. created by law
167232). 3. Upon a judgment
1. Upon an oral
The prescriptive period
contract
applies only if there is
2. Upon a quasi-
an actual need to
contract
reconvey the property
as when the plaintiff is 1. Upon an injury to the
not in possession of rights of the plaintiff
the property. If the 2. Upon a quasi-delict
plaintiff, as the real 3. Revoke or reduce
owner of the property donation based on
also remains in the birth, appearance
possession of the or adoption of a child
property, the 4. Revoke donation
prescriptive period to based on non-
recover title and compliance with a
possession of the condition
property does not run 5. Annul a contract
against him. In such a 1. Forcible entry and
case, an action for detainer
reconveyance, if 2. Defamation
nonetheless filed, 3. Recover possession
should be in the nature de facto
of a suit for quieting of 4. Revoke a donation
title, an action that is on the ground of
imprescriptible ingratitude
(Aguirre v. Heirs of 5. Rescind or recover
Villanueva, G.R. No. damages if
169898 June 8, 2007). immovable is sold
with non-apparent
8. To seek issuance of a burden or servitude
writ of possession 6. Enforce warranty of
9. To probate a will solvency in
10. Recovery by the State assignment of credits
non-registrable land
Accrual of Cause of
SUMMARY OF Action
PRESCRIPTIVE Cause of action arises
when that which should
PERIODS
have been done is not
done or that which
should not have been
done is done.
Essential elements of
a good cause:
1. Existence of legal right
in a plaintiff
2. With a corresponding
legal duty in the
defendant
3. Violation or breach of
that right or duty with
consequential injury or
damage to the plaintiff,
for which he may
maintain an action for
appropriate relief.
Note: The moment the
breach of right or duty
occurs, then the right
of action accrues,
therefore period of
prescription begins to
run.
When there is no special
provision which ordains
the time for prescription
for all kinds of action
Actions which have for
their object the
enforcement of
obligations to pay
principal with interest or
annuity
Actions to demand
fulfillment of obligations
declared by a judgment
Actions to demand
accounting
Action arising from the
result of the accounting
INTERRUPTION OF
PRESCRIPTION OF
ACTIONS:
1. Filing of an action in apply to a particular
court and specific debt to
interrupt prescription.
Note: Interrupts
extinctive prescription Acknowledgment can
as to the parties be made by a legal
defendants therein. representative.
Filing of a motion for The acknowledgment
reconsideration of debt before period of
continues the prescription will
suspension of the interrupt the expiration
running of prescription of the period of
period, which runs prescription, but a
again after the court mere acknowledgment
proceedings have of the obligation after it
finally been terminated. has already prescribed
is not sufficient to
When the prescription renew the period of
is interrupted by a prescription.
judicial demand, the
full period for the If the period has
prescription must be already expired, there
reckoned from the must be a renunciation
cessation of the of the prescription
interruption. already acquired, in
order action may be
2. Written extrajudicial acquired.
demand by the
creditor; Mere acknowledgment
From the day they may be of debt does not
broughtThe demand must be constitute renunciation
in writing and made of prescription already
before the expiration of acquired.
From thethe last
period fixed byoflaw.
payment the
annuity or of the interest By acknowledgment of
3. Written debt, the debtor may
acknowledgment of the renew the obligation
debt by the debtor. and interrupt the
Note: In extinctive prescription so as to
From prescription,
the time judgment the make it run only from
becameinterruption
final through the the date of the
acknowledgment of acknowledgment.
From debt
the day of the
the creditors
persons
right render
who should can only take
the same
place when
cease in their functions such
From acknowledgment
the date when issaid in
writing.
result was recognized by
agreement of the interested
parties It can be implied
therefrom, but it must
be in writing.
The acknowledgment
must be such as to