Civil Law - Property

I. IN GENERAL (4) Statues, reliefs, destination

printings or other objects
DEFINITION for use or ornamentation,
Property refers to “all things which are or may placed in buildings or on
be the object of appropriation” (Art. 414) lands by the owner of the
immovable in such a
CHARACTERISTICS (U-S-A) manner that it reveals the
(1) Utility intention to attach them
(2) Substantivity or Individuality; and permanently to the
(3) Susceptibility of Appropriation tenements;
(5) Machinery, receptacles, destination
CLASSIFICATION instruments or implements
In general, things are either (1) Corporeal or intended by the owner of
Tangible,1 or (2) Incorporeal or Intangible2 the tenement for an
industry or works which
Corporeal things may be further classified by may be carried on in a
reason of (1) mobility, (2) ownership, (3) definiteness, building or on a piece of
(4) existence, (5) divisibility, (6) importance, (7) land, and which tend
capability of substitution, (8) consumability, and (9) directly to meet the needs
alienability3 of the said industry or
works;5
The most important classification is based on (6) Animal houses, pigeon- destination
mobility. REASON: Because different provisions of the houses, beehives, fish
law govern the acquisition, possession, disposition, ponds or breeding places
loss and registration of immovables and movables and of similar nature, in case
stricter formalities are required by law in transactions their owner has placed
involving immovables, e.g. in donations (Art. 749), them or preserves them
contribution of immovables to a partnership (Art. 1771) with the intention to have
and antichresis (Art. 2134). them permanently
attached to the land, and
PROPERTY BASED ON MOBILITY forming a permanent part
of it; the animals in these
1. IMMOVABLES / REAL PROPERTY places are included;6
The list of immovables under Art. 415 is (7) Fertilizer actually used incorporation
considered exclusive (Standard Oil v. Jaramillo, 44 on a piece of land;
Phil. 630).4 (8) Mines, quarries, and nature
slag dumps, while the
ART. 415 CLASSIFICATION matter thereof forms part of
LIST OF IMMOVABLES An immovable by: the bed, and waters either
(1) Land, buildings, roads nature and running or stagnant;
and constructions of all incorporation (9) Docks and structures destination
kinds adhered to the soil; which, though floating, are
(2) Trees, plants, growing incorporation intended by their nature and
fruits, while they are object to remain at a fixed
attached to the land or form place on a river, lake, or
an integral part of an coast;
immovable; (10) Contracts for public analogy
(3) Everything attached to incorporation works, and servitudes and
an immovable in a fixed other real rights over
manner, in such a way that immovable property.
it cannot be separated
therefrom without breaking 2. MOVABLES
the material or TESTS OF MOVABLE CHARACTER under Art.
deterioration of the object; 416:

1 Those which are manifest to the senses, i.e., they can be Mortgage Law considers growing crops as personal
seen and touched. property.
2 Those which are not manifest to the senses & conceived 5 Davao Sawmill v. Castillo, 61 Phil. 709 (machineries

only by understanding, e.g. rights or credits.
3 (1) movable or immovable, (2) public or private, (3)
generic or specific, (4) present or future, (5) divisible or
indivisible, (6) principal or accessory, (7) fungible or non-
fungible, (8) consumable or non-consumable, (9) within or
outside the commerce of man
4 But the Civil Code enumeration is not the only criterion as
to which properties are real or personal, e.g. the Chattel
placed by lessee); Mindanao Bus v. City Assessor, 6 SCRA
197 (machineries were not essential & principal elements of
the industry); Caltex v. Central Board, 114 SCRA 296
(machineries attached or fixed permanently to the gas
station site or embedded therein).
6 Animals must have intent to return when outside their
breeding places, e.g. homing pigeons.
 (1) whether the object can be carried from place to
place;
(2) whether a change of location can be effected
without injury to an immovable to which the object is
attached; and
(3) whether the object is included in any of the ten
paragraphs of Art. 415.
A relation in private law by virtue of which a
thing pertaining to one person is completely subjected
to his will in everything not prohibited by law or the
concurrence with the rights of another.11
• SCOPE: It may be exercised over things or
rights (Art. 427)

List of Movables: • DISPUTABLE PRESUMPTION OF OWNERSHIP:

(1) real property which by any special arises from actual possession under claim of
provision of law is considered as personal property ownership. The true owner must resort to
(e.g. growing crops under the Chattel Mortgage Law), judicial process for the recovery of the
(2) forces of nature, property (Art. 433).
(3) obligations and actions which have for
their object movables and sums of money, and RIGHTS OF AN OWNER
(4) shares of stock (Arts. 416-417).
To the full use 1. right to possess (jus possidendi),
PROPERTY BASED ON OWNERSHIP and enjoyment 2. right to use (jus utendi),
of property 3. right to the fruits (jus fruendi),
1. PROPERTY OF PUBLIC DOMINION PUFCARD 4. right to abuse/ consume (jus
(Art 428 + abutendi),
Those that are for: Roman Law 5. right to dispose (jus disponendi), and
(1) public use;7 Attributes of
6. right to recover /vindicate (jus
(2) public service;8 and Ownership)
vindicandi)
(3) development of national wealth.9 (Art. 420)
7. right to accession (jus accessionis)
• CHARACTERISTICS: They cannot be (1)
alienated, leased or otherwise be the subject To use force the right to use force as may be
matter of contracts; (2) acquired by Doctrine Self- reasonably necessary to repel or
prescription; (3) attached nor levied upon by help (Art 429) prevent an actual or threatened
execution; (4) burdened by any voluntary unlawful physical invasion or usurpation
easement; (5) registered under the Land of one’s property. Note: If possession is
Registration Law and be the subject of a already lost, the owner must resort to
Torrens Title. judicial process for the recovery of his
property.
2. PATRIMONIAL PROPERTY To fence the right to enclose or fence one’s land,
• Property owned by the State in its private (Art 430) without detriment to servitudes
capacity. constituted thereon
To construct, the right to construct on one’s land and
• Property of public dominion, when no longer plant & make any plantations thereon and
intended for public use or public service, shall excavate excavations therein, without detriment
form part of the patrimonial property of the (Art 431) to servitudes and subject to special
State. (Art. 422) laws and ordinances, including
reasonable requirements for aerial
Note: The fact that the Roppongi site has not been navigation
used for a long time for actual embassy service does
not automatically convert it to patrimonial property.
Any such conversion happens only if the property is LIMITATIONS ON OWNERSHIP
withdrawn from public use by virtue of a formal
declaration on the part of the government (e.g., by
For the benefit of Eminent domain (Art. 435)
law). 10
the State Police power (Art. 436)
Taxation
3. PRIVATE PROPERTY
REGALIAN DOCTRINE (Art. XII, Sec. 2,
Those belonging to private persons, either
individually or collectively, including the patrimonial Constitution)
property of the State. (Art. 425) Imposed by law Should not injure the rights of a third
person (Art. 431)
PRINCIPLE OF STATE OF NECESSITY (Art.
II. OWNERSHIP 432)
Legal easements (Art. 430, Arts. 637-
DEFINITION
687)

7 8
Examples: Roads, canals, rivers, torrents, ports and Example: Government buildings.
bridges constructed by the State, banks, shores, 9 Examples: Forest lands, mines.
roadsteads and others of similar character (Art. 420, par. 10 Laurel v. Garcia, 187 SCRA 797
1), and provincial roads, city streets, municipal streets, 11 TOLENTINO, citing SCIALOJA & RUGGIERO.
squares, fountains, public waters, promenades and public
works for public service paid for by said provinces, cities or
municipalities (Art. 424, par. 1).
 Civil Law - Property

Regulation on ruinous buildings & Civil Fruits Refer to rents of

trees in danger of falling (Arts. 482- buildings, price of
483) leases of lands &
Reasonable requirements for aerial other property &
navigation (Art. 437) the amount of
Imposed by Donor / testator may prohibit partition perpetual or life
grantor / for 20 years (Art. 1083) annuities or other
transferor similar income (Art.
Imposed by the Mortgages, pledges, lease rights, 442)
owner himself voluntary easements II. Accession IMMOVABLES - Whatever is built,
Continua Accession planted or sown on
HIDDEN TREASURE (Art. 439) (right of Industrial one’s land (Art. 445)
DEFINITION & REQUISITES: ownership over
(1) a deposit of money, jewelry or other a thing
incorporated, Accession Whatever is
precious objects;
either naturally Natural incorporated or
(2) hidden and unknown, and
or artificially, to attached to one’s
(3) lawful ownership thereof does not appear
that which land due to the
already exclusive work of
• Ownership of the HIDDEN TREASURE
depends on where it is found – belongs to the nature, such as by
owner) alluvion (Art. 457),
avulsion (Art. 459),
IN ONE’S IN ANOTHER PERSON’S LAND
OWN LAND
change in the
course of a river
Belongs to ½ to the owner of the land
(Art. 461) and
the owner of ½ to the finder, provided the
following requisites are fulfilled: formation of islands
the land
(1) What is found is a hidden treasure, (Art. 465).
as defined by the Civil Code; MOVABLES - The union of two
(2) The finder is not a trespasser;12 Adjunction / movables belonging
and Conjunction to different owners,
(3) The discovery must be by chance forming a single
13 [Art. 438] object, in such a
If the thing found be of interest to science way that they
or the arts, the State may acquire them at cannot usually be
their just price which shall be divided in separated without
conformity with the rule stated. injury
(Art. 466)
Mixture The combination or
union of
III. ACCESSION movables/materials
belonging to
The right by virtue of which the owner of a different owners
thing becomes the owner of everything that it may where their
produce or which may be incorporated or attached respective
thereto, either naturally or artificially (Art. 440). identities are lost
(Arts.
PRINCIPLE INVOLVED 472-473)
accession cedit principali (the accessory The giving of new
follows the principal) Specification
form to the
movables/materials
KINDS / CLASSIFICATION belonging to
GENERAL SPECIFIC DEFINITION another by the
CLASSIFICATION CLASSIFICATION application of labor
I. Accession Natural Fruits Spontaneous (Art. 474).
Discreta products of the soil
(right of & the young15 & A. ACCESSION DISCRETA
ownership to other products of
the products of animals (Art. 442) PRINCIPLE
a thing) Industrial Fruits Those produced by To the owner belongs the natural, industrial &
lands of any kind civil fruits thereof.
through cultivation
or labor (Art. 442)

12 Chan v. Iglesia ni Cristo, GR 160283, 10/14/06
(trespassers made jointly liable for damages for their
tortious act of digging a tunnel traversing the land of the
church and directly under the church in their quest for
hidden treasure)
13 Two views on what “by chance” means: (1) no purpose
or intent to look for the treasure, per TOLENTINO & JURADO,
citing Spanish commentators; (2) by stroke of good luck,
per PARAS, based on the intent of the Code Commission
(Dean Capistrano & Dean Francisco).
WHEN IS OWNER NOT ENTITLED TO THE right to remove them to indemnity
FRUITS if he can do so (Art. 449 by
(1) possession in good faith by another without injury to the analogy)
person;Art 544 (1) work constructed.
(2) usufruct; Art 566, NCC
(3) lease of land; and LANDOWNER Landowner shall *Same rule as
(4) antichresisArt 2132, NCC IN BAD FAITH pay the value of the when both the
materials, plus landowner and
REIMBURSEMENT, WHEN NEEDED damages. the owner of
He who receives the fruits has the obligation Alternatively, the the
owner of the materials are
to pay the expenses made by a third person in their
materials has the in good faith*
production, gathering and preservation. (Art. 443)
right to remove
them, even though
their removal will
B. ACCESSION INDUSTRIAL cause injury to the
work constructed,
PURPOSE plus the right to be
To avoid a state of forced co-ownership paid damages.
between the owner of the land and the owner of the
improvement (or materials) 2. RULE WHEN ON ONE’S LAND, ANOTHER
BUILDS, PLANTS OR SOWS (ARTS. 448-456)
The rules depend on the good faith or bad
faith of the landowner and the builder/planter/sower BUILDER/PLANTER/ BUILDER/PLAN
(or the owner of the materials) LANDOWN SOWER IN GOOD TER/SOWER
ER FAITH IN BAD FAITH
 There is BAD FAITH whenever the act was done IN GOOD The landowner has The builder /
with the landowner’s knowledge and without FAITH the following planter / sower
opposition on his part (Art. 453, 2nd para.) [this options:14 loses to the
is also applicable to the owner of the (1) appropriate landowner what
materials], or when the builder knows that he as his own the he built, planted
is building on the land of another or there is a building, trees or or sown,
defect or flaw in his title over the land (see Art. plants, after payment without right to
526 by analogy). of the indemnity Arts. indemnity. He
54620 and 548,15 or shall moreover
 There is GOOD FAITH whenever there is lack of pay damages to
such an awareness. Good faith is always the landowner
(2) oblige the
presumed and upon him who alleges bad faith (Arts. 449,
builder / planter to pay 451). However,
rests the burden of proof. (Art. 527) Good faith the price of the land,22 he shall be
does not necessarily exclude negligence and the sower, the entitled to
which gives right to damages (Art. 456). proper rent. However, reimbursement
the builder / planter from the
 If there is bad faith on the part of both the cannot be obliged to landowner of
landowner and the builder (or the owner of the buy the land if its the necessary
materials), the bad faith of one neutralizes that value is considerably expenses made
of the other, so that both will be considered in more than that of the for the
good faith. (Art. 453) building or trees. In preservation of
such case, he shall the land (Art.
1. RULE WHEN LANDOWNER BUILDS WITH THE pay reasonable rent, 452), without
MATERIALS OF ANOTHER (ART. 447) right of
based on the terms
OWNER OF OWNER OF retention (Art.
agreed upon by the
MATERIALS IN MATERIALS 546).
parties or fixed by the
GOOD FAITH IN BAD court. (Art. 448)
FAITH If the landowner
does not wish to
LANDOWNER Landowner shall The owner of
utilize the
IN GOOD pay the value of the the materials building, trees
FAITH materials. However, loses the or plants, he
the owner of the materials has the
materials has the without right following

14The landowner cannot refuse to exercise any of the two
options. He can even be compelled by the builder to
exercise his option (Tecnogas v. CA, 268 SCRA 5). Note
that demolition or removal is not one of the options
granted (Ibid.). It is only after the landowner has chosen to
sell at a reasonable price and the builder failed to pay that
demolition can be demanded (Depra v. Dumlao, 136
SCRA 475). Necessary and useful expenses
The court cannot order the landowner to sell his land to
the builder because the decision on what option to take
belongs to the landowner. The court can only order the
landowner to exercise the options granted to him under Art.
448 (Ignao v. IAC, 193 SCRA 17).
 Civil Law - Property

options: (1) If the landowner 451, by analogy)

demand the opts to appropriate
demolition of the building, he
the building, or shall reimburse
the removal of the builder the
the trees or value of the
plants at the
materials used.
expense of the
builder / planter
/ sower, or (2) to
compel the LANDOWNER The builder shall
builder / planter IN GOOD pay the value of the
to pay the price FAITH, materials.
of the land, and BUILDER IN
the sower the BAD If the landowner
proper rent, FAITH
opts to utilize the
with entitlement building and the
to damages in builder is insolvent,
either case.
he shall be
(Arts. 450, 451)
subsidiarily liable
for the value of the
IN BAD The landowner shall *Same rule as materials to the
FAITH pay the value of the when both the owner thereof.
building, trees or landowner and
plants, plus damages. the builder / If the landowner
Alternatively, the planter opts to demand the
builder / planter / /sower are in demolition of the
sower has the option good faith* (Art. building, he is not
to remove the 453) liable for the value
building, trees or of the materials
plants, even though (even subsidiarily).
this would cause (Art. 455, in rel. to
injury to the land, with
Art. 450)
the right to be paid
damages.
C. ACCESSION NATURAL
The above rules may be applied to land held
in common, upon termination of co-ownership and 1. ACCRETION / ALLUVION
good faith is established.16 It may also apply, by Increase in the size of one’s land due to the
analogy, with respect to payment of indemnity, gradual deposit caused by the current of the waters.
when a landowner sells his land but retains any
improvement standing thereon.17
REQUISITES
3. RULE WHEN ON ONE’S LAND, ANOTHER (1) that the accumulation of soil or sediment be
PERSON BUILDS WITH THE MATERIALS OF YET gradual & imperceptible;19
ANOTHER PERSON18 (2) that it be the result of the action of the waters
OWNER OF THE OWNER OF THE of a river;20 and
MATERIALS IN MATERIALS IN BAD (3) that the land where accretion takes place is
GOOD FAITH adjacent to the bank of the river.21
FAITH
LANDOWNER The builder shall Owner of the
Accretion can also take place in the lands
& BUILDER pay the value of materials will lose
adjoining the banks of a lake. Hence, the alluvium
BOTH IN the materials, with them to the
GOOD FAITH subsidiary liability deposited on such lands also belongs to the owners
landowner / builder,
on the part of the without entitlement thereof.22
landowner if the to indemnity, plus he
builder is needs to pay The alluvium does not automatically become
insolvent. damages (Arts. 449 part of the registered land to which they have been
& added. It needs to be registered under the Torrens
System, otherwise it can be acquired by other persons
through prescription.23

16
Del Campo v. Abesia, 160 SCRA 379; Ignao v. IAC, 193
SCRA 1.
17 Pecson v. CA, 244 SCRA 407.
18 The Civil Code provided only for these four situations.
19 Bagaipo v. CA, GR 116290, 12/8/00 (gradual, accretion,
not avulsion).
20 The accretion must be the exclusive work of nature, not
21
No alluvion if the accretion took place on a land adjoining
the sea, i.e., foreshore land (Heirs of Navarro v. IAC, 268
SCRA 74).
22 Meneses v. CA, 246 SCRA 162; Government v. Colegio
de San Jose, 53 Phil. 423, citing Arts. 77 & 84 of the
Spanish Law of Waters of 3 August 1866.
23 Reynante v. CA, 207 SCRA 794.

man-made or artificial (Vda. de Nazareno v. CA, 257 SCRA

589).
Effect of increase or decrease of waters to
adjoining lands:
Adjoining lands accidentally inundated by the
waters of a pond / lagoon (or of a lake 24) continue to
belong to their respective owners. (Art. 458)
Lands left dry by the natural decrease of the
waters of a pond / lagoon (or of a lake) do not belong
to the owners of the lands adjoining such pond /
lagoon (or lake) (Art. 458)
Note on FORESHORE LAND: It is land that is
adjacent to the sea and alternately covered and left
dry by the ordinary flow of the tides. It belongs to the
public domain. The real party-in-interest for filing a
complaint for recovery of its possession is the
Republic, through the OSG.32
2. AVULSION
Dramatic increase in the size of one’s land
due to the transfer thereto of a portion of land forcibly
segregated from another estate by the current of a
river, creek or torrent.
SEGREGATED LAND
belongs to the land to which it is added, if the
owner thereof does not remove it within 2 years. (Art.
459)
UPROOTED TREES
belong to the owner of the land upon which
they may be cast, if their owner/s does/do not claim
them within 6 months, with payment of the expenses
incurred in gathering or putting them in a safe place.
(Art. 460)
3. CHANGE IN THE COURSE OF A RIVER25
ABANDONED RIVER BED
belongs ipso facto to the owners of lands that
are occupied by the new course in proportion to the
area lost. However, the owners of the lands adjoining
the old bed shall have the right to acquire the same by
paying the value thereof, which value shall not exceed
the value of the area occupied by the new bed. (Art.
461)
4. FORMATION OF ISLANDS
If formed on seas within the jurisdiction of the
Philippines, lakes and navigable or floatable rivers –
belongs to the State. (Art. 464)
If formed on non-navigable and non-floatable
rivers, belongs to:
(1) the owner of land, adjoining the river, that
is nearest to the island; or
(2) both owners of the lands on opposite sides
of the river, if the island is in the middle of the
river. (Art. 465)
Note: the islands must be formed through the
successive accumulation of alluvial deposits and not
by avulsion, whereby a portion of a land adjoining a
river is forcibly segregated by the current of the river.
The island must be registered; otherwise, it may be
acquired by others through prescription. 26
D. ACCESSION WITH RESPECT TO
MOVABLES
1. ADJUNCTION / CONJUNCTION
There is adjunction whenever two movables
belonging to different owners are united in such a way
that they form a single object.27 (Art. 466)
WHO OWNS THE SINGLE OBJECT?
In general, when both the owner of the
principal thing and the accessory are in good faith, the
former acquires the accessory, subject to payment of
the value thereof (“the accessory follows the
principal”).
CRITERIA TO DETERMINE WHICH IS THE
PRINCIPAL
(1) the thing to which another has been added
as an ornament or for that thing’s use or perfection,
and in case this criterion is not applicable,
(2) the thing of greater value; or
(3) the thing of greater volume.28 (Arts. 467 &
468)

NEW RIVER BED

belongs to the public dominion, even if
situated in a private estate (Art. 462)

PORTION OF PRIVATE LAND SEGREGATED BY

THE CURRENT:
ownership thereof is retained by the owner
(Art. 463)

24
Government v. Colegio de San Jose, 53 Phil. 423.
(Also, Torrens Title does not protect riparian owner
against diminution of area of his land through gradual
changes in the course of the adjoining stream,
Bagaipo vs. CA, GR 116290, 12/8/00) 32 Gulla v.
Heirs of Labrador, GR 149418, 7/27/06.
25 The rules apply only to natural change in the course of the
river, not when the change is due to acts of man, e.g.
dumping of garbage (Ronquillo v. CA, 195 SCRA 433).
26
Jagualing v. CA, 194 SCRA 607.
27 E.g. inclusion (a gem is attached to a gold ring),
soldering, weaving, painting & writing.
28 Applied successively. In case of painting & sculpture,
writings, printed matter, engraving & lithographs, the board,
metal, stone, canvas, paper or parchment is deemed the
accessory thing (Art. 468, 2nd para.)
 Civil Law - Property

RULES OF ACCESSION (Arts. 466-471) RULES OF ACCESSION (Art. 474)

OWNER OF ACCESSORY OWNER OF
(OA) IN GOOD FAITH ACCESSORY (OA) OWNER OF MATERIALS OWNER OF
IN BAD FAITH (OM) IN GOOD FAITH MATERIALS (OM)
OWNER OF OP acquires the OA loses the IN BAD
PRINCIPAL accessory, subject to accessory, with FAITH
(OP) IN indemnification of the payment of USER OF UM can appropriate OM loses his
GOOD FAITH value thereof to the MATERIALS the thing thus materials,
damages to OP.
OA. (UM) IN created, subject to without
GOOD FAITH indemnification of
indemnity, plus
However, if the things the value of the
materials to OM. payment of
can be separated
without injury, their damages.
respective owners can However, if the (Arts. 449 & 451,
demand their materials used are by analogy).
separation. more precious, OM
has the option to: (1)
If the accessory is appropriate the thing
more precious or of thus created, subject
greater value than the to indemnification of
principal, OA may labor costs to UM, or
demand separation (2) demand the value
even if there would be of the materials.
injury to the principal USER OF OM has the option *Same rule
thing. MATERIALS to: (1) appropriate where both UM
OWNER OF OP to pay the value of *Same rule (UM) IN the thing thus and
PRINCIPAL the accessory or suffer where both OP BAD FAITH created, without OM are in good
(OP) IN BAD its separation even if and payment of faith.*
FAITH indemnity to UM, or
there would be injury, OA are in good
plus payment of faith.* (2) demand the value
damages. of the materials. UM
to pay damages to
OM, in either case.
2. MIXTURE
The combination or union of
However, OM
movables/materials where their respective identities
cannot appropriate
are lost.
the thing thus
created if it is
If two solids are mixed, the mixture is called
considered of more
COMMIXTION. If two liquids, CONFUSION.
value than the
materials, for artistic
RULES OF ACCESSION (Arts. 472 & 473)
or scientific reasons.
OWNER 1 IN GOOD FAITH OWNER 1 IN
BAD FAITH IV. ACTION TO QUIET TITLE OR TO
OWNER 2 IN If both owners are in Owner 1 loses REMOVE CLOUD THEREON
GOOD FAITH good faith (or the mixture the thing
is by their will or by belonging to PURPOSE
chance), co-ownership is him, plus To obtain an adjudication that a claim of title
created, with each owner payment of to, or an interest in, property adverse to that of the
acquiring a right to the damages to complainant, is invalid, so that the complainant (and
thing, in proportion to the Owner 2. those claiming under him) may forever afterward be
part belonging to him (or free from any danger of the hostile claim.
in equal portions if the
things are of the same NATURE OF THE ACTION:
kind & quantity). Quasi in rem – action concerning real property
OWNER 2 IN Owner 2 loses the thing *Same rule that is enforceable only against the defeated party or
BAD FAITH belonging to him, plus where both his privies.
payment of damages to owners
Owner 1. are in good PROCEDURE:
faith.* Rule 63 of the Rules of Court (Declaratory
Relief and Similar Remedies)
3. SPECIFICATION
There is specification if a person uses the REQUISITES:
materials of another in whole or in part to make a thing 1. Action involves a real property – i.e.,
of a different kind. immovable by nature, e.g. land

2. Plaintiff has title to such real property –

which may either be legal or equitable
 (e.g. based on acquisitive prescription).
He need not be in possession of the
property. (Art. 477)
3. There is a cloud on the title – i.e., there is
an outstanding instrument, record, claim,
encumbrance or proceeding, which has a
prima facie appearance of validity or legal
efficacy, but is actually invalid or
inoperative and may impair or affect
injuriously the valid title to the property
(e.g. a forged instrument)
PRESCRIPTIVE PERIOD
depends on whether the plaintiff is in
possession or not.
If in possession, the action is imprescriptible.29
If not, it may prescribe (e.g., if the action to
recover is based on implied trust, it prescribes 10
years from the registration of the deed of conveyance
or issuance of the certificate of title). 30
OBLIGATION OF PLAINTIFF, IF ACTION
PROSPERED
He must reimburse the defendant for repairs
and improvements made by the latter. (Art. 479)
V. CO-OWNERSHIP
A state where an undivided thing or right
belongs to two or more persons. (Art. 484)
SOURCES
(1) law,
(2) contract,
(3) succession,
(4) chance, and
(5) occupation
RIGHTS OF CO-OWNERS:
1. To receive a share in the benefits of the co-
owned property, in proportion to their
respective interests.31 (Art. 485)
2. To use the co-owned property
subject to certain limitations:
(1) must be in accordance with the purpose for
which the property is intended; and
(2) in such a way as not to injure the interest
of the co-ownership or prevent the other co-owners
from using it according to their rights. (Art. 486)
29 Faja v. CA, 75 SCRA 441; Spouses Mamadsual v.
Moson, 190 SCRA 82.
30 Mendizabel v. Apao, GR 143185, 2/20/2006.
31 Any stipulation in the contract to the contrary shall be
void (Art. 485).
32 A co-owner may sue not only a third person, but also
another co-owner who takes exclusive possession and
asserts exclusive ownership of the property, in order to
obtain recognition of the co-ownership. (De Guia v. CA, 413
SCRA 114)
33 Unless there is already a factual partition or termination
of co-ownership (Pamplona v. Moreto, 96 SCRA 775) or
there has been a prior oral partition (Vda. de Reyes v. CA,
3. To bring an action for ejectment, on behalf of
all (Art. 487)32
4. To alienate, assign or mortgage his undivided
or pro indiviso share (not a specific, concrete
or determinate part of the thing owned in
common33)
RIGHT OF LEGAL REDEMPTION:
A co-owner has the right to redeem the shares
of his co-owners that were sold to a third person. (Art.
1619)
REQUISITES:
(1) sale to a 3rd person by co-owner,
(2) notice in writing of the sale given to the
other co-owners, and
(3) exercise of redemption within 30 days from
notice in writing. (Arts. 1620 & 1623)
5. To demand the partition of the thing owned in
common, EXCEPT:
(1) the co-owners have agreed to
continue in the co-ownership for a
period not exceeding 10 years,
extendible by a new agreement for
the same period;
(2) the co-ownership, not exceeding
20 years, is imposed as a condition in
a donation or will;
(3) the co-owned property cannot be
legally divided (e.g. party walls); and
(4) the partition will render the thing
unserviceable for the use it is
intended34 (Art. 494)
PRESCRIPTIVE PERIOD (ACTION FOR
PARTITION): Imprescriptible
Unless there is repudiation of the co-
ownership; from that moment, acquisitive prescription
starts to run. (Art. 494)
REQUISITES FOR VALID REPUDIATION:
(1) co-owner has performed unequivocal acts of
repudiation amounting to an ouster of other co-
owners;
(2) such positive acts of repudiation have been
made known to the other co-owners; and
(3) the evidence thereon must be clear &
convincing.35
Question: Is registration of co-owned land in a co-
owner’s sole name a valid repudiation?
Answer: No. If the co-owner obtained the registration
in bad faith, the registration is in the nature of a
constructive or implied trust, and the action to compel
199SCRA 646). However, the mere fact that the deed
purports to transfer a concrete portion does not per se
render the sale void. It is valid, but only with respect to the
ideal share of the selling co-owner & subject to the results
of the partition upon the termination of the co-ownership.
34 The co-ownership of the thing can still be validly
terminated under Art. 498, by allotting the property to one
of the co-owners who shall indemnify the others or by
selling the property, with the proceeds distributed among
the co-owners.
35 Mariategui v. CA, 205 SCRA 337; Delima v. CA, 201
SCRA 641.
 Civil Law - Property

reconveyance within 10 years from registration is CONDOMINIUM ACT (R.A. No. 4726)
available to the other co-owners.36
COMMON AREAS:
Question: Is redemption of the foreclosed co-owned Condominium owners are co-owners of the
land by only one of the co-owners a repudiation of the common areas of the condominium project (Sec. 2)
co-ownership?
Answer: No. Redemption is not one of the modes of PARTITION
terminating a co-ownership. Instead, redemption One or more of the condominium owners may
inures to the benefit of all the co-owners, with the bring an action for partition of the entire condominium
redeeming co-owner entitled only to reimbursement of project, as if all the condominium owners are co-
the redemption price.37 owners of the project in the following instances:
A. The project has not been substantially rebuilt or
OBLIGATIONS OF CO-OWNERS: repaired 3 years after a material part of the
project has been damaged or destroyed,
1. Share in the expenses for B. More than 30% of the condominium owners are
a. necessary repairs;38 opposed to the repair or restoration of the
b. improvements;39 and project after damage to the project which
c. embellishment40 (Art. 489) rendered ½ or more of the units untenantable,
C. More than 50% of the condominium owners are
2. Not alter the thing owned in common without opposed to the repair, restoration, remodeling or
the consent of all the other co-owners (Art. modernization of the project which has been in
491) existence for more than 50 years and is obsolete
and uneconomic,
3. Get the consent of majority of the co-owners D. More than 70% of the condominium owners are
for the administration of the common property opposed to continuation of the project after
(Art. 492) expropriation or condemnation of a material
portion thereof, and
TERMINATION OF CO-OWNERSHIP: E. The project is no longer viable after it or a
material part thereof has been condemned or
1. Partition, written or oral, 41 judicial or expropriated. (Sec. 8)
extrajudicial
VI. POSSESSION
EFFECT ON THIRD PARTIES
Rights of third parties relating to mortgage, It is the holding of a thing or the enjoyment of
servitude or any other real rights shall be respected a right. (Art. 523)
(Art. 499). Creditors may take part in the partition and
object to it being effected without their concurrence, KINDS:
but they cannot impugn any partition already
executed, unless there has been fraud (Art. 497). IN ONE’S OWN NAME IN THE NAME OF ANOTHER
(Art. 524)
INCIDENTS
IN THE CONCEPT OF OWNER IN THE CONCEPT OF
Upon partition, there shall mutual accounting – possession by the HOLDER – possession by
of benefits received and reimbursements for expenses owner himself or one who one who does not assert
made. Each co-owner shall be liable for damages claims to be the owner a claim of ownership over
caused by reason of his negligence or fraud and for (Art. 525). Possession of the thing, as he
defects of title and quality of portion assigned to each this kind can ripen to acknowledges that
of the other co-owners. (Arts. 500-501) ownership, by ownership belongs to
prescription (Art. 540) another person (Art. 525)
2. Prescription, after valid repudiation, by one of
the co-owners.

36 paying by renouncing his undivided interest as may be

Caladiao v. Vda. de Blas, L-19063, 29 April 1964;
Mariategui v. CA, 205 SCRA 337; Adille v. CA, 157 SCRA equivalent to his share of the expenses? Yes, but must get
455. the consent of the co-owners & renunciation must not be
37 Paulmitan v. CA, 215 SCRA 866. If however, the prejudicial to the co-ownership.
39 These can only be made with the consent of majority of
redemption period has already lapsed, a former co-owner
who purchases the property does so for his own behalf the co-owners.
40 Id.
alone, as there is no longer any co-ownership to speak of
41 Austria v. Lichauco, GR 170080, 4/03/2007.
at the time of the purchase (Tan v. CA, GR 79899,
4/24/89).
38 These expenses can be made by one of the co-owners

even without notice to the other co-owners and despite

their objections. Can a co-owner exempt himself from
 IN GOOD FAITH 42 – where IN BAD FAITH44 – where
possessor is not aware possessor knows that
that there exists in his title his title to the thing is
or mode of acquisition any
defective
flaw which invalidates it
(Art. 526) • Good faith is always
presumed. Onus
• Mistake upon a probandi is on him
doubtful or difficult who alleges bad
question of law may faith. (Art. 527)
be the basis of
good faith (Art. 526)43 • Bad faith is personal
& intransmissible.
• Good faith is lost Hence, one who
from the moment it is succeeds by
shown that the hereditary title shall
possessor is not not suffer the
unaware that he consequences of
possesses the thing the wrongful
improperly or possession of the
wrongfully. (Art. 528) decedent, if it is not
shown that he was
aware of the flaws
affecting it (Art. 534)
LAWFUL POSSESSION IS NOT AFFECTED BY
ACTS THAT ARE:
(1) merely tolerated;
(2) clandestine; and
(3) violent. (Art. 547)
These acts do not interrupt the running of the
prescriptive period for acquisitive prescription in favor
of the lawful possessor nor affect his entitlement to the
fruits.
In case of possession by mere tolerance, the
right to eject is imprescriptible, 47 provided the
ejectment case is filed within 1 year from date of
demand to vacate56
ORDER OF PREFERENCE IN CASE OF
CONFLICTING POSSESSION:
(1) present possessor;
(2) one longer in possession;
(3) one who presents a title;
(4) judicial determination [Art. 538]
DISPUTABLE PRESUMPTIONS IN FAVOR OF
POSSESSOR:

POSSESSION IS ACQUIRED BY: 1. Good Faith48

(1) material occupation of a thing or the
exercise of a right, including constructive possession, 2. Continued possession in the same
(2) the fact that it is subject to the action of our character in which property was
will, e.g. possession by traditio simbolica or traditio acquired49
longa manu; or
(3) proper acts and legal formalities 3. Possession during the intermediate
established for acquiring such right, e.g. contract, period50
donation, succession45 (Art. 531)
4. Possession without interruption upon
CANNOT BE ACQUIRED BY recovery of possession unjustly lost 51
Force or intimidation as long as there is a
possessor who objects thereto (Art. 536) 5. Just title in favor of a possessor in the
concept of owner5253
WHO CAN ACQUIRE POSSESSION:
(1) the same person who is to enjoy it;
(2) legal representative or agent;46 or
(3) any person without authority, provided his
action is subsequently ratified. (Art. 532)

42 Rosales v. Castelltort, GR 157044, 10/5/05 (relied on the
survey made by geodetic engineer and the stone
monuments placed by the engineer’s employees)
43 E.g. creditor did not know that antichresis of land
covered by the Homestead Law is violative of such law
(Kasilag v. Rodriguez, 69 Phil. 217).
44 Firme v. Bukal Enterprises, GR 146608, 10/23/03 (no
perfected contract of sale, yet construction was started);
NHA v. Baello, GR 200858, 8/7/13 (ejected from land by
Pascual, 21 SCRA 146) 56 Catchuela v. Francisco, 98
SCRA 172.
48 Good faith is always presumed, and upon him who
alleges bad faith on the part of a possessor rests the
burden of proof. (Art. 527)
49 It is presumed that possession continues to be enjoyed
in the same character in which it was acquired, until the
contrary is proved. (Art. 529)
50 A present possessor, who shows his possession at some

fully-armed military personnel during martial law); PNB v. previous time, is presumed to have held possession also
De Jesus, GR 149295, 9/2/03 (bank knew of the during the intermediate period, in the absence of proof to
encroachment at the time of purchase). the contrary. (Art. 554)
45 In case inheritance is accepted, possession is deemed to 51 One who recovers, according to law, possession unjustly

start from the moment of death, without interruption (Art.
533).
46 Minor (including the insane, deaf mutes who cannot read
& write, & those under civil interdiction) can acquire
material possession of a thing, but not possession by civil
acts, e.g. contracts
47 Bishop v. CA, 208 SCRA 636. Reason: A person who
occupies land of another at the latter’s tolerance is
necessarily bound by an implied promise that he will
lost, shall be deemed for all purposes which may redound
to his benefit, to have enjoyed it without interruption. (Art.
561)
52 A possessor in the concept of owner has in his favor the
legal presumption that he possesses with a just title and he
cannot be obliged to show or prove it.
(Art. 541) However, for purposes of prescription, just title
must be proved (Art. 1131)
53 Note: does not refer to natural damage resulting from

vacate upon demand, failing which a summary action for separation of accessory from principal, but damage or
ejectment is the proper remedy against him. (Calubayan v. injury that reduces the value of the thing.
 Civil Law - Property

EFFECTS OF POSSESSION IMPROVEMENTS CAUSED BY NATURE OR TIME

RESPECT & PROTECTION
Every possessor has a right to be respected
in his possession and should he be disturbed therein
he shall be protected in or restored to said possession
by the means established by the laws & the Rules of
Court. (Art. 539) (Doctrine of respect to possessory
status)
FRUITS
A possessor in good faith is entitled to the
fruits received before his possession is legally
interrupted. (Art. 544) Should there be any natural or
industrial fruits at the time good faith ceases, the
possessor shall have a share in the net harvest in
proportion to his time of possession. (Art. 545)
(ART. 551)
belongs to the lawful possessor or owner
DETERIORATION OR LOSS (Art. 552)
Possessor in good faith - not liable, unless he
acted with fraudulent intent or negligence, after judicial
summons
Possessor in bad faith - liable in every case,
even if caused by fortuitous event
HOW POSSESSION IS LOST: (Art. 555)
1. Abandonment
2. Assignment to another

A possessor in bad faith is not entitled to the 3. Destruction or total loss or goes out of
fruits of the property. He shall reimburse the legitimate commerce
possessor of the fruits he received or the fruits which
the legitimate possessor could have received. (Art. 4. Possession by another
549)
• De facto possession of land is lost
RULES ON REIMBURSEMENT OF EXPENSES after 1 year if no ejectment suit is filed.
(Arts. 546-549) • De jure possession of land is lost after
10 years if no accion publiciana is
KINDS OF POSSESSOR IN POSSESSOR IN BAD
GOOD FAITH FAITH
filed. After 10 years, accion
EXPENSE
reivindicatoria may still be filed,
unless acquisitive prescription has set
Necessary - entitled to - entitled to in.
reimbursement with reimbursement
right of retention without right of 5. Recovery of the thing by the lawful owner
retention
Useful - entitled to - not entitled to RULE ON MOVABLES
reimbursement with any reimbursement
right of retention - also cannot 1. Possession of movables acquired in
- may remove the good faith is equivalent to title. (Art. 559)
remove the improvement even if
improvement if it will it will not damage the • REQUISITES
not damage62 the principal thing
▪ (a) possession should be in
principal thing,
good faith,
unless the lawful
▪ (b) the former owner
possessor opts to
voluntarily parted with the
appropriate the
possession of the thing, and
thing with payment
▪ (c) possession is in the
of indemnity
concept of owner
For pure - not entitled to - not entitled to
luxury or reimbursement, but reimbursement, but
2. One who lost any movable or has
mere he may remove the he may remove the been unlawfully deprived thereof may recover
pleasure embellishment if it embellishment if it will it from the person in possession of the same.54
will not damage the not damage the (Art. 559, 1st para.)
principal principal
thing (in case the thing (in case the • EXCEPTION: However, the owner who
lawful possessor lawful possessor does lost a movable cannot recover the
does not prefer to not prefer to same, if the possessor thereof:
appropriate it) appropriate it)
▪ (a) has acquired it in good
- if the lawful - if lawful possessor
faith at a public sale, unless
possessor opts to opts to appropriate
he reimburses the price paid
appropriate the the embellishment,
therefor (Art. 559, 2nd para.),
embellishment, he he will be reimbursed
▪ (b) purchased it in a
will be reimbursed the value thereof at
merchant’s store, fairs or
the amount the time the lawful
possessor enters into markets (Art. 1505),
expended
the possession ▪ (c) purchased it in good faith
from one who has voidable

54No unlawful deprivation of object of contract of sale, if v. Santos, 184 SCRA 614; Chua Hai vs. Kapunan, 104
the purchase price was paid by a bouncing check. (EDCA Phil. 110) 64 Edu v. Gomez, 129 SCRA 603.
 title thereto, which has not
been annulled at the time of 3. Alienate his right of usufruct
sale, or (d) has become the
owner of the thing through 4. Enjoy any increase which the thing in
acquisitive prescription. usufruct may acquire through accession,
the servitudes established in its favor and
• Movable can no longer be recovered all inherent benefits in general (Art. 571)
if in the hands of a buyer in good
faith.64 5. Use the thing in accordance with the
purpose for which it was intended, without
VII. USUFRUCT being liable for its deterioration through
ordinary wear and tear (Art. 573)
DEFINITION
The right to enjoy the property of another with 6. Right to make useful improvements or
the obligation of preserving its form and substance, expenses for mere pleasure, provided he
unless the title constituting it or the law otherwise does not alter the thing’s form or
provides. (Art. 562) substance. He has no right to be
indemnified for the improvements.
ESSENTIAL CHARACTERISTICS: However, he may remove them if no
(1) real right; damage will be done to the thing in
(2) temporary in nature or duration; and usufruct. (Art. 579)
(3) with the purpose of enjoying the benefits of
the object as a consequence of normal use or 7. Right to set-off the improvements he may
exploitation have made on the property against any
damage to the same (Art. 580)
OBJECT OF USUFRUCT:
all property, including consumables (Art. 574) 8. Right not to be prejudiced by any works or
and improvements made by the owner (Art.
transmissible rights (Art. 564) 595)

HOW CONSTITUTED: 9. Right to demand of the owner the

(1) law,55 increase in value which the property may
(2) acts inter vivos or mortis causa, and have acquired at the termination of the
(3) prescription (Art. 563) usufruct, if he made extraordinary repairs
indispensable for the preservation of the
KINDS according to: thing (Art. 594)
(1) CAUSE OR ORIGIN –
a. legal 10. In case of specific types of usufruct, the
b. voluntary following rights:
c. mixed;
a. Over things that deteriorate – right not
(2) EXTENT – to be responsible for ordinary wear &
a. total tear (Art. 573)
b. partial;
b. Over consumables – right to consume
(3) NUMBER OF PERSONS – them and return only their value or
a. simple equivalent things of the same quality
b. multiple [simultaneous, successive]; & quantity (Art. 574)

(4) PRESENCE OF TERMS OR CONDITIONS – c. Over an action to recover real

a. pure property, real right or movable
b. conditional property – right to oblige the owner to
c. with a term; give him the authority for this purpose
and to furnish him with whatever proof
(5) OBJECT INVOLVED - the owner may have (Art. 578)
a. rights
b. things [normal, abnormal56] OBLIGATIONS OF USUFRUCTUARY:

RIGHTS OF USUFRUCTUARY: 1. Make an inventory, EXCEPT when no one will

1. Entitled to all the fruits of the property in
usufruct, including share in any hidden
treasure found therein (Art. 566)
2. Lease the lands or tenements given in
usufruct (Art. 568)
be injured thereby (Arts. 583 & 585)
Failure to make an inventory will not prevent
the usufructuary from enjoying the property. But it will
give rise to a presumption that the property was
received in good condition.

55 56
E.g. Art. 226, Family Code (parents as usufructuaries of Refers to usufruct of consumable things (Art. 574).
minor children’s property).

2. Give security, EXCEPT:
(1) when no one will be injured thereby,
(2) in the case of a donor who has reserved
the usufruct of the property donated, and
(3) with respect to parents who are
usufructuaries of their children’s property, unless such
parents contract a 2nd marriage. (Arts. 583-585)
Failure to give security, in case the
usufructuary is bound to give it, will give the owner
certain rights, such as he can demand that the
immovables be placed under administration and the
movables be sold and their proceeds invested in safe
securities.
Caucion juratoria, definition:
A promise under oath given as security by a
usufructuary in order to be able to use certain things
that are necessary for living and shelter, such as
house, furniture & tools for an industry or vocation (Art.
587)
3. Make ordinary repairs (Art. 592)
4. Notify the owner when the need for
extraordinary repairs is urgent (Art. 593)
5. If he alienates or leases his right of usufruct,
he shall answer for any damage which the things in
usufruct may suffer through the fault or negligence of
the person who substituted him (Art. 590).
6. Pay legal interest on the amount expended by
owner for extraordinary repairs, for the time that the
usufruct lasts (Art. 594)
7. Pay annual charges and taxes and those
considered as a lien on the fruits (Art. 596)
8. Pay debts of owner, when imposed by
contract, or the usufruct is made in fraud of creditors
(Arts. 598, 758, 759) (Art. 600)
9. Notify owner of any act of 3rd persons, of which
he may have knowledge, that may be prejudicial to the
rights of ownership (Art. 601)
10. Return the thing, upon termination of the
usufruct.
HOW EXTINGUISHED:
(1) death of the usufructuary;
(2) expiration of period or fulfillment of any
resolutory condition;
(3) merger;
(4) renunciation of the usufruct;
(5) total loss of the thing in usufruct;
(6) termination of the right of the person
constituting the usufruct; and
57
An encumbrance imposed upon an immovable for the
benefit of another immovable belonging to a different
owner. (Art. 613)
58 Easement established for the benefit of a community, or
of one or more persons to whom the encumbered estate
does not belong. (Art. 614)
59 Easement which requires the owner of the servient
estate to allow something to be done or to do it himself.
(Art. 616)
Civil Law - Property
(7) prescription [Art. 603]
Usufruct is not extinguished by the bad use of
the thing in usufruct. However, the owner may demand
that the thing be delivered to him. He is then bound to
pay annually the usufructuary the proceeds of the
thing, after deducting the expenses and his
compensation for administering the property. (Art.
610)
VIII. EASEMENTS
DEFINITION
It is an encumbrance imposed upon an
immovable for the benefit of another immovable
belonging to a different owner. (Art. 613)
Dominant estate – the immovable in favor of which the
easement is established
Servient estate – the immovable subject to easement
CHARACTERISTICS
(1) a real right,
(2) can be imposed only on the property of
another,
(3) can be established only on immovables by
nature;
(4) can exist only between neighboring
tenements,
(5) produces a limitation on ownership of servient
estate,
(6) inseparable from the servient estate [Art. 617],
and
(7) indivisible [Art. 618].
KINDS:
(1) Real57 or Personal58 [Arts. 613-4],
(2) Continuous or Discontinuous [Art. 615],
(3) Apparent or Non-apparent [Art. 615],
(4) Positive59 or Negative60 [Art. 616],
(5) Legal61 or Voluntary62 [Art. 619]
The most important classifications are those according
to the manner of exercise (CONTINUOUS or
DISCONTINUOUS) and indication of existence
(APPARENT or NON-APPARENT) because of the
provisions of the Civil Code on how to acquire them.
Manner of Exercise Indication of Existence
CONTINUOUS – those the APPARENT – those which are
use of which is or may made known and are
be incessant without the continually kept in view by
intervention of any act external signs that reveal
of man the use and enjoyment of
the same
60
Easement which prohibits the owner of the servient
estate from doing something which he could lawfully do if
the easement did not exist. (Art. 616)
61 Easement established by law. (Art. 619)
62 Easement established by the will of the owners. (Art.
619)
 DISCONTINUOUS – those NON-APPARENT – those it does not affect the exercise of the easement [Art.
which are used at which show no external 630); and
intervals and depend indication of their existence (2) cannot impair, in any manner whatsoever,
upon the acts of man the use of the servitude [Art. 629]

EXTINGUISHMENT:
MODES OF ACQUISITION (1) Merger,
(2) Non-user for 10 years,
1. Title [Art. 622] (3) estate fell into such a condition that the
estate cannot be used,
(4) expiration of term or fulfillment of the
All kinds of easements, whether continuous or
condition,
discontinuous, apparent or non-apparent, can be
(5) renunciation,
acquired by title.
(6) redemption
Note: Art. 624 – The existence of an apparent
LEGAL VS. VOLUNTARY EASEMENTS:
sign of easement between two estates, established or
(1) Legal easements are established by law,
maintained by the owner of both, shall be considered,
while voluntary easements are established by will of
should either of them be alienated, as a title in order
the owners [Art. 619].
that the easement may continue actively and
(2) Legal easements have for their purpose
passively, unless at the time the ownership of the two
either public use or the interest of private persons
estates is divided, the contrary should be provided in
[Art.634], while voluntary easements have for their
the title of conveyance of either of them, or the sign of
purpose the interest of the parties to the agreement
aforesaid should be removed before the execution of
establishing the easement.
the deed. This provision shall also apply in case of the
division of a thing owned in common by two or more
persons. THE DIFFERENT KINDS OF LEGAL
EASEMENTS
Example
In Tañedo vs. Bernad (165 SCRA 86), in the 1. RELATING TO WATERS
absence of a statement abolishing or extinguishing the
easement of drainage, the use of the septic tank a. NATURAL DRAINAGE OF LANDS
located on the servient estate is continued by lower estates are obliged to receive the
operation of law and the new owners of the servient waters which naturally flow from the higher estates
estate cannot impair the use of the easement. (Art. 637)

2. Prescription [Art. 620] b. ZONE FOR NAVIGATION, FLOATAGE,

Only continuous and apparent easements can be
acquired by prescription, e.g. easement of aqueduct 63
(Art. 645) or easement of light and view (Art. 670).
The easement of right of way cannot be acquired
by prescription because it is a discontinuous
easement.64
Prescriptive period: 10 years
FISHING, SALVAGE –
a zone of 3 meters in width throughout the
entire length of the banks of rivers and streams for
use by the public (Art. 638) and/or an easement
of towpath
c. ABUTMENT OF DAM –
whenever the person who is to build the dam
is not the owner of the banks or lands which must
support it (Art. 639)

RIGHTS & OBLIGATIONS OF OWNERS OF d. DRAWING WATER & WATERING ANIMALS –

DOMINANT ESTATE:
(1) entitled to all the rights necessary for the
use of the easement [Art. 625];
(2) may make any works necessary for the
use and preservation of the servitude [Art. 627]; e. AQUEDUCT –
(3) cannot use the easement except for the
benefit of the immovable originally contemplated [Art.
626];
(4) cannot exercise the easement in any other f.
manner than that previously established [Art. 626]
RIGHTS & OBLIGATIONS OF OWNERS OF SERVIENT
ESTATE:
(1) may use the portion of his estate subject to
easement in any manner as owner thereof, so long as
imposed in favor of a town or village, includes
the obligation to allow passage of persons and
animals (Art. 640)
right to make the water flow through
intervening estates (Art. 642)
STOP LOCK OR SLUICE GATE –
constructed on the bed of the stream with
support on the lands adjoining the stream owned
by other persons (Art. 647)

63
Liwag v. Happy Glen Loop Homeowners Association, GR
189755, 7/4/12 (easement of water facility, consisting of
deep well and overhead water tank, used by the
subdivision as sole source of water for more than 30 years)
64
Ronquillo v. Roco, 103 Phil. 84; Bogo-Medellin vs. CA,
GR 124699, 7/31/03 (railroad track)

2. RIGHT OF WAY
REQUISITES:
(1) dominant estate is surrounded by other
immovables and has no adequate outlet to the
highway,
(2) isolation is not due to the acts of the owner
of the dominant estate,
(3) the right of way claimed is at the point least
prejudicial to the servient estate and insofar as
consistent with this rule, the distance from the
dominant estate to a public highway is the shortest, 65
(4) payment of proper indemnity [Arts. 649-
650]
The width may be changed from time to time
according to the needs of the dominant estate, subject
to payment of additional indemnity (Art. 651)66
3. PARTY WALL
refers to walls, fences, hedges, ditches and
drains shared by adjoining estates. Every part-
owner thereof may use it in proportion to his
interest in the co-ownership (Art. 666). A part-
owner cannot open through the party wall any
window, without the consent of all the others (Art.
667).
4. LIGHT & VIEW –
allows the making of openings in walls or
preventing the neighbors from building higher than
one’s windows. The Civil Code provides for the
required distances for windows, depending on
whether they afford a direct (2 meters) or oblique
(60 centimeters) view. Non-observance of the
required distances will not give rise to prescription
(Art. 670). Prescription will only start when the
owner formally prohibits the adjoining owner from
blocking his property’s light and view.
5. DRAINAGE OF BUILDINGS
to give outlet to the rain water collected on the
estate via drainage at the point of the contiguous
lands and tenements (Art. 676)
6. INTERMEDIATE DISTANCES
no constructions or plantings can be done
without observing the distances provided by law,
e.g. if tall trees are planted near the dividing line
of two estates, the distance of at least 2 meters
from the boundary line should be observed; if
shrubs, at least 50 centimeters (Art. 679)
7. LATERAL & SUBJACENT SUPPORT
no person shall make such excavations upon
his land as to deprive any adjacent land or building
of sufficient lateral or subjacent support (Art. 684)
IX. NUISANCE
DEFINITION
Any act, omission, establishment, condition of
property, or anything else, which:
65 Quimen v. CA, 257 SCRA 163.
66
Encarnacion v. CA, 195 SCRA 74.
67 AC Enterprises v. Frabelle, 506 SCRA 625 (noise from
air-conditioning units); Rana vs. Wong, GR 192861,
Civil Law - Property
(1) injures or endangers the health or safety of
others;
(2) annoys or offends the senses,
(3) shocks, defies or disregards decency or
morality;
(4) obstructs or interferes with the free
passage of any public highway or streets, or any body
of water; or
(5) hinders or impairs the use of property. (Art.
694)
KINDS
(1) public, private, or
(2) nuisance per se, nuisance per accidens67
REMEDIES
1. Public nuisance
(1) Prosecution,
(2) Civil Action,
(3) Abatement, without judicial proceedings
[Art. 699]
2. Private nuisance
(1) Civil Action,
(2) Abatement, without judicial proceedings
[Art. 705]
Note: Whether, private or public, only nuisance per
se can be summarily abated.
Any private person may abate a private
nuisance or even a public nuisance that is especially
injurious to him, so long as the following requisites are
complied with:
(1) demand is first made upon the
owner or possessor of the property,
(2) such demand has been rejected,
(3) abatement is approved by the
district health officer and executed with the
assistance of the local police, and
(4) the value of the destruction does
not exceed P3,000 (Arts. 704, 706).
X. MODES OF ACQUIRING
OWNERSHIP
CONCEPT
Mode is a legal means by which dominion or
ownership is created, transferred or destroyed. It is the
actual process of acquisition or transfer of ownership
or real right. On the other hand, Title is the juridical
justification for the acquisition or transfer of ownership
or real right (e.g. title: contract of sale, mode: delivery)
ORIGINAL MODES:
1. Occupation (of res nullius),
2. Intellectual Creation
DERIVATIVE MODES:
1. Law (e.g. in case of accession),
2. Donation,
3. Succession,
6/30/14 (elevated and cemented portion of subdivision
street)
 4. Tradition, FORMALITIES
5. Prescription VALUE MOVABLES IMMOVABLES
(Art. 748) (Art. 749)
XI. DONATION P5,000 May be made The donation
& below orally, provided must be made in
DEFINITION there is a public
It is an act of liberality whereby a person simultaneous document.
disposes gratuitously of a thing or right in favor of delivery
another, who accepts it. (Art. 725) Exceeds The donation &
P5,000 acceptance must The acceptance
KINDS: be made in may be made in
1. pure or simple, remuneratory, conditional writing. the same deed
or onerous, modal, or in a separate
2. inter vivos, mortis causa68 public
document.
Illegal and impossible conditions shall be
considered as not imposed. (Art. 727) If acceptance is
made in a
WHO MAY GIVE DONATIONS separate
All persons who may contract and dispose of instrument, the
their property may make a donation (Art. 735) donor shall be
notified thereof
Hence, minors and incapacitated persons in an authentic
(e.g. insane, deaf-mutes who do not know how to read form, and this
and write, those under civil interdiction) cannot make step shall be
donations. noted in both
instruments.
Guardians or trustees cannot donate the
property entrusted to them (Art. 736) Donation is perfected from the moment the
donor knows of the acceptance by the donee (Art. 734)
WHO MAY RECEIVE DONATIONS:
All those who are not specially disqualified by Acceptance must be made during the lifetime
law (Art. 738) of the donor and the donee (Art. 746)

Minors or incapacitated persons may become SCOPE:

donees but acceptance shall be done through their
parents or legal representatives (Art. 741)
Conceived or unborn children may become
donees, provided they are born alive (Art. 41);
acceptance to be made by their parents or legal
representatives (Art. 742)
The donation may comprehend all the present
property of the donor, provided he reserves sufficient
means for the support of himself and those entitled to
be supported by him. Without such reservation, the
donation shall be reduced on petition of any person
affected (i.e., the compulsory heirs). (Art. 750)

PERSONS DISQUALIFIED BY LAW TO MAKE OR No person may give or receive, by way of

RECEIVE DONATIONS: donation, more than what he may give or receive by
will (Art. 752). Inofficious donations shall be reduced
1. Between spouses during marriage, except insofar as it exceeds the portion that may be freely
moderate gifts on occasion of any family disposed of by will (Art. 761).
rejoicing (Art. 87, Family Code)
REVOCATION / REDUCTION
2. Between persons who were guilty of adultery GROUNDS PRESCRIPTIVE PERIOD
or concubinage at the time donation (Art. 739)
Birth, Donation may be revoked or
3. Between persons found guilty of the same appearance or reduced insofar as it impairs the
criminal offense, in consideration thereof (Art. adoption of a legitime of the child, within 4
739) child (Art. 760) years from (1) the birth,
recognition or legitimation of the
4. To a public officer or his/her spouse, child, (2) the time information
descendants and ascendants, by reason of
was received regarding the
his/her office.
existence of the child believed
dead, or (3) time of adoption
5. To those who are incapacitated to succeed by
(Art. 763)
reason of possibility of undue influence
exerted on the testator (Art. 740, in rel. to Art.
1027, paras. 1-3, 5)

68 Ganuelas v. Cawed, GR 123968, 4/24/03.

 Civil Law - Property

Failure of donee Donation may be revoked within

to comply with 4 years from noncompliance
any of the with the condition (Art. 764)
conditions which
the donor However, if the donation is
imposed on him considered an onerous
(Art. donation, such would be
764) governed by the law on
contracts (Art. 733), and the
prescriptive period applicable to
it would be that applicable to
onerous contracts, which is 10
years.
Ingratitude of the
donee in the Within 1 year from the time the
following cases: donor had knowledge of the fact
& it was possible for him to bring
1. Commission the action
of offense
against the
person, the
honor or the
property of
the donor, or
of his
spouse or
children
under his
parental
authority;

2. Imputation
to the donor
of any
criminal
offense or
any act
involving
moral
turpitude,
even though
he should
prove it,
unless the
crime has
been
committed
against the
donee
himself,
his/her
spouse or
children
under
his/her
authority;

3. Refusal to
support the
donor when
the donee is
legally or
morally
bound to do
so.
(Art.
765)

xXx
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