Property Reviewer Midterm PDF

PROPERTY MIDTERM REVIEWER Atty.
Robles
PROPERTY
How is property lost?
PROPERTY
 Property is an economic concept, meaning, a mass of things or objects useful to I. By the act of man
human activity and which are necessary to life, for which reason they may in one 1. Alienation
way or another be organized and distributed but always for the use of man. 2. Voluntary Abandonment
 In the strict legal sense, it is an aggregate of rights which is guaranteed and
protected by the government. II. By operation of law
 In the ordinary sense, it indicates the thing itself rather than the rights attached to 1. Forced sale
it. 2. Confiscation or sentence of a criminal court
 Property, considered as an exclusive right to things, contains not only a right to use 3. Prescription
these things, but the right to dispose of them, either by exchanging them for other 4. Civil Death
things or by giving them away to any other person without any consideration, or 5. Capture by public enemy
even throwing them away. 6. When lost by the act of God
Right to Property – 1987 Philippine Constitution What constitutes property?

 No person shall be deprived of property without due process of law (Article 3,  Article 414 of the Civil Code provides that property is anything which is or may be the
Section 1) object of appropriation
 Private property shall not be taken for public use without just compensation  The concept of a thing is broader than the concept of property
(Article 3, Section 9)
THING PROPERTY
Right to Property – Louisiana State Constitution The Civil Code purportedly uses “thing and property interchangeably
 Every person has the right to acquire, own, control, use, enjoy, protect, and dispose Thing refers to those which are not or may Anything which is or may be the object of
of private property. This right is subject to reasonable statutory restrictions and the not be the object of appropriation appropriation
reasonable exercise of the police power (Article 1, Section 4). Thing is genus Property is the species
Right to property In order for a thing to be considered as property, it must have:

 The right to property is distinct and separate from property in itself and is defined 1. Utility for satisfaction of economic wants
as “the juridical tie by virtue of which a person has the exclusive power to receive 2. Substantivity or the capability to exist by itself and not merely part as a whole
or obtain all the benefits from a thing, except those prohibited by law, or by the 3. Appropriability
rights of others.”
 The right to property emphasizes the vinculum between man and thing, while
ownership refers to the mass of rights over a thing. Art. 414 – Classification of things may be the object of appropriation
 The right to property is the right and interest which a man has in lands and chattels
to the exclusion of all others. 1. Immovable or real
 Right to property is a real right. 2. Movable or personal
Claudio, Cortina, Sarines (2A SY 2009-2010) Page 1 of 46

PROPERTY MIDTERM REVIEWER Atty. Robles
 The classification into movable or immovable property does not assume its I. Immovables by nature: those which cannot be moved from place to place
importance from the fact of mobility or non-mobility but from the fact that different
provisions of law govern the acquisition, possession, disposition, loss, and 1. Lands, buildings, roads, and constructions of all kinds adhered to the soil (par. 1)
registration of movables and immovables.
 Paras further comments on the matter saying that it is an incomplete classification for  That which is built upon the land goes with the land
failure to take into consideration machines, removable houses, or transportable  Constructions of all kinds adhered to the soil should be interpreted as to be
trees which are movable properties but by virtue of their being attached to an immovable, it must be attached permanently to the land. It thus becomes
immovable for specified purposes may be considered immovable. He refers to these immovable by incorporation.
kinds of properties as semi-immovable or mixed.
2. Mineral deposits and waters (par. 8)
Prof’s lecture
 For Art. 414 to be applicable the thing must have an owner or possessor.  Mines stated here include the minerals attached thereto.
 Embedded in the concept of property is an animus with intent to possess as one’s  Once the minerals are extracted, they become chattels
own.
 It is important to ascertain whether it is movable or immovable because different II. Immovables by incorporation: those which are essentially movables, but are attached to
laws govern them (e.g., taxes, Statute of Frauds, crimes against property) an immovable
Art. 415 – Immovable property 1. Trees, plants, and growing fruits while they attached to the land or form an
integral part of an immovable
 The law does not define what properties are immovable; they are merely
enumerated.
 The enumeration in Art. 415 does not give an absolute criterion as to which  Paras provides that trees and plants are considered really property by
properties are real, and which are peTrsonal. incorporation only if they were planted through labor. If such are
 Immovables follow the law of their locality. spontaneous products of the soil, they are real property by nature
 The moment the tree is detached from or uprooted from the land, they
become personal property
Academic classification of real properties
 Except in case of uprooted timber, if the land is timber land. This is so because
Classes Paragraphs Examples
although it is no longer attached, the timber still forms an “integral part” of
1. By nature (1), (8) Trees and plants
the timber land – immovable
2. By incorporation (1), (2), (3), (4), (6) Building
3. By destination or (4), (5), (6), (7), (9) Like machinery placed by the 2. Things incorporated (par. 3)
purposes owner of a tenement on it
for direct use in an industry
 These are immovable by incorporation
to be carried on therein
 For the incorporated thing to be considered real property, the injury or
4. By analogy (10) Contract for public works, breakage or deterioration in case of separation must be substantial
right of usufruct, easements
and servitudes

3. Fixtures and ornaments (par. 4) 3. Docks and Fixed Floating Structures (par. 9)
 Contrary to par. 3, these can generally be separated from the immovable  Vessels are considered personal property
without breaking the matter or injuring the object
 It is indispensable that the objects must be permanently placed in the IV. Immovables by analogy
immovable by the owner of the latter
1. Realty by analogy (par. 10)
4. Animal houses and animals therein (par. 6)  According to Manresa, the properties referred to here are not material things
but rights, which are necessarily intangible
 There is an error in this provision of law according to Manresa: “The houses
referred to here may already be deemed included in par. 1 when it speaks of Prof’s lecture
“constructions of all kinds adhered to the soil.” This could have been meant  “All that is built upon land shall belong to the owner of the land”
for the animals themselves  General rule: to the principal which is the land, belong all the accessories
 Exception: If the contract was subject to modern convention or by agreement of
III. Immovables by Destination of Purpose: those which are essentially movables but by the the parties
purpose for which they have been placed in an immovable, partake of the nature of the  The presumption is that the owner of the land is the owner of the building but this
latter because of the added utility derived therefrom can be rebutted
 Under PD 464, owners of the land every 3 years must declare under oath all other
1. Machinery and equipment (par. 5) improvements on the land/property. This safety provision was created so as not to
unduly deprive the government of taxes
 The immovable condition of these objects depends upon their being destined
for the use in the industry or work in the tenement. Art. 416 – Personal Property
 The moment they are separated, not necessarily from the immovable, but
from the industry or work in which they are utilized, they recover their General test of movable character
condition as movables. 1. Whether it can be carried from place to place (test by description)
 Machinery which is immovable on its nature only becomes immobilized when 2. Whether the change of location can be effected without injury to an immovable to
placed in a plant by the owner of the property but not when so placed by a which the object may be attached (test by description)
tenant, usufructuary, or any person having only a temporary right, unless such 3. Whether the object is not included in any of the 10 paragraphs or Article 415 (test
person acted as an agent of an owner. by exclusion – This test is superior to the test by prescription
2. Fertilizer actually used on a piece of land (par. 7) By special provision

 Act. No. 1508 the Chattel Mortgage Law, recognizes the growing crops are personal
property and may be the object of chattel mortgage
 Fertilizers should be on the land where they are to be utilized because it is the
intention of the owner to use them on the tenement
Examples of various kinds of personal property
 Fertilizers kept in the farmhouse are not immovable
1. Par. 1 – fountain pen, piano, animals
2. Par. 2 – growing crops for the purposes of the Chattel Mortgage Law, machinery
placed on a tenement or by a tenant who did not act as the agent of the tenement
owner

3. Par. 3 – forces of nature such as electricity, gas, light, nitrogen, heat, oxygen, rays, Art. 418 – Classification of movables
etc.
4. Par. 4 – machinery not attached to land nor needed for the carrying on of an Classification of movables according to nature
industry conducted therein, portable radio, laptop computer, diploma hanging on Consumable Non-consumable
the wall This cannot be used according to its nature Ay other kinds of movable property
without its being consumed
Intellectual property
 A patent, a copyright, the right to an invention – these are intellectual properties
which should be considered as personal property
Personal effects Classification of property according to the intention or purpose of the parties
 Personal effects are personal property, but not all personal property are personal Fungible Non-fungible
effects
The quality of being fungible depends upon Those which have their own individuality and
 Personal effects include not only such tangible property as applied to a person and their possibility because of their nature or do not admit of substitution
cannot include automobiles
the will of the parties, of being substituted
by others of the same kind, not having a
Art. 417 – Personal Property distinct individuality
Other Kinds of Personal Property These are generally things whose
1. Obligations and actions which have for their object movables or demandable sums
individuality can be determined by counting,
(par. 1) weighing, or measuring
 The term used in this article really means rights or credits
If it is agreed that the equivalent be If it is agreed that the identical thing be
returned, the property is fungible returned, it is non-fungible, even though by
2. Shares of stock of agricultural, commercial, and industrial entities, although they
nature it is consumable
may have real estate (par. 2)
 All juridical persons must be deemed included
 It should be noted that even if the sole property of a corporation should
Consumable Fungible
consist only of real property, a share of stock in said corporation is
considered personal property The classification into consumable or non- A classification into fungibles and non-
consumable is according to the nature of the fungibles is a classification according to
 Share in a partnership is considered personal property
 There is no reason to discriminate between shares in a corporation and thing purpose
shares in other juridical persons It is the intention of the parties to a contract that determines whether the object is fungible
 Shares of stock can be exercised only where the corporation is organized or non-fungible, and not the consumable or non-consumable nature of the thing
and has its place of business
 This class of property is inseparable from the domicile of the corporation
itself
 Money is personal property

Other properties of “similar character” under par. 1(e)

1. Public streams
Art. 419 – Property classfied according to ownership 2. Natural beds of rivers
3. River channels
Property classified according to ownership 4. Waters of rivers
1. Public 5. Creeks and esteros
2. Private – The state may own properties both in its public capacity (properties of 6. Accretions or additions to the shores of the sea by action of the water
public dominion) and in its private capacity (patrimonial property) 7. Lands reclaimed from sea
8. Manila Bay or coastal areas
9. Converted private lands – “natural expropriation” or a de facto case of eminent
Art. 420 – Property of public dominion domain
10. Streets
Public dominion 11. Shores
 The term “public dominion” may be used in the sense of ownership by the State, in 12. Navigable and non-navigable streams
that the State has control and administration
 The term may be used in the sense of ownership by the public in general, in that for Principles applied to property of public dominion
as long as such properties remain for public use, they cannot be made the object of 1. Alienation – They cannot be alienated or leased or otherwise be subject matter of
commerce, not even by the State or its subdivisions contracts
2. Prescription – They cannot be acquired by prescription against the State
Dominion v. Ownership 3. Attachment and Execution – They cannot be the subject of attachment and
1. Domino is not ownership execution
 Public dominion does not carry the idea of ownership 4. Voluntary easement – They cannot be burdened by any voluntary easement
 Property of public dominion is not owned by the State, but pertains to
the State, which as territorial sovereign exercises certain juridical
prerogatives over such property Art. 421 – Patrimonial Property
2. Collective ownership is in the social group Patrimonial Property

3. Public purpose – Cannot be the object of appropriation  The property it owns but which is not devoted to public use, public service, or the
4. State is the juridical representative development of national wealth.
 It is wealth owned by the State in its private, as distinguished from its public
Sacred and religious objects neither public or private capacity
 Churches and other consecrated objects have been considered outside the  They are subject to prescription
commerce of man  They can also be the object of ordinary contracts
 Public lands may, under the Civil Code, be classified as private property of the
Kinds of property of public dominion State, as soon as they are available for alienation or disposition
1. For public use – may be used by anybody
2. For public service – may be used only by duly authorized persons
3. For the development of national wealth – natural resources

Art. 422 – Conversion of property of public dominion to patrimonial property

2. Patrimonial property
 Property of public dominion ceases to be such and becomes private property of the  Note that in the case of State properties, properties for public service are of
State only upon a declaration by the government public dominion, this is not so in the case of political subdivisions for public
 Under Art. 461, however, an abandoned river bed belongs not to the State, but to service are patrimonial (since they are not for public use)
the private land owner whose land is now occupied by the changed course, in
proportion to the area lost. Properties of political subdivisions may also be classified as:
1. Those acquired with their own funds (in their private capacity) – here the political
Art. 423 – Properties of political subdivisions subdivision has ownership and control
2. Those which do not fall under (1) – These are subject to the control and supervision
Properties of political subdivisions of the State.
1. Property for public use  They are held by the political subdivisions in trust for the State for the
2. Patrimonial property benefit of the inhabitants
 The reason is that the political subdivision owes its creation to the State
Alienation of the properties
1. Properties of a political subdivision for public use cannot be alienated as such, and Applicable principles
may not be acquired by prescription 1. Property for public use of provinces and towns are governed by the same principles
2. Properties of a political subdivision which are patrimonial in character may be as property of public dominion of the same character
alienated, and may be acquired by others thru prescription 2. Properties for public use may not be leased to private individuals
3. If a plaza is illegally leased to private individuals, the lease is VOID and any building
 The national government may donate its patrimonial property to a on said plaza built by the “lessee” may be DEMOLISHED.
municipality, and the latter may own the same. This is because a 4. Properties used by a municipal corporation in the exercise of its governmental
municipality is a juridical person capable of acquiring properties powers cannot be attached or levied upon
 When thus donated, the property becomes either property for public use 5. National properties may not be registered by a municipality under its name
or patrimonial property, depending on the use given to the property 6. The town’s patrimonial property is administered, at least insofar as liability to third
 When a municipality’s properties for public use are no longer intended persons is concerned, in the same way as property of a private corporation
for such use, the properties become patrimonial, and may now be the
subject of a common contract Art. 425 – Private properties other than patrimonial
Art. 424 – Classification of properties of political subdivisions  Other private properties are those that belong to private persons individually or
collectively
 Basis for classification is use.  “Collectively” refers to ownership by private individuals as co-owners or by
 The national government still controls the disposition of properties of political corporations, partnerships, or other juridical persons who are allowed by the Civil
subdivisions regardless of the use to which they are devoted, provided that the Code to possess and acquire such properties
properties came from the State  Possession by private persons since time immemorial carries the presumption that
the land had never been part of the public domain
Properties of political subdivisions  An alien has had no right to acquire lands since the date of effectivity of the 1987
1. Property for public use Constitution except by hereditary succession. The same rule applies to foreign
 The right of the public to use the city streets may not be bargained away corporations
through a contract

Art. 426 – Provisions common to three preceeding chapters

Art. 428 - Rights of owner
An owner has the following rights:

OWNERSHIP
1. To enjoy property, which includes its possession, use, and the enjoyment of its
fruits and profits
Art. 427 – Ownership may be exercised over things or rights 2. To dispose of the property, which means he can consume or destroy it, as well as
encumber or alienate his property
 Ownership exists when a thing pertaining to one person is completely subjected to 3. The right of action to recover the property
his will in a manner not prohibited by law and consistent with the rights of others 4. Personal property – can be recovered through the provisional remedy of REPLEVIN.
 As an owner, a person has the right to possess, enjoy, dispose of, and recover that Although the main case is an action for recovery.
thing which he owns
Real property can be recovered through the following actions:
Ownership is subject to: 1. Forcible entry
1. The Constitution such as the nationality requirement for owning land in the  This remedy is used when the owner was deprived of possession by
Philippines means of force, intimidation, strategy, threat, or stealth
2. Restrictions inherent in the property itself  It is necessary that the owner had actual possession of the property prior
3. Limitations stipulated in contracts to it being taken from him
4. Restrictions in law or ordinances such as zoning regulations  The issue to be settled in cases of forcible entry is only physical
5. Conditions stipulated in deeds of donation possession
6. Restrictions imposed by the owner himself  It does not include the matter of actual ownership of the property
Possession 2. Unlawful detainer

In the concept of an owner In the concept of a holder  This is applicable when the possessor was once allowed by the owner to
May be the owner himself or one who claims Acknowledges in another a superior right retain the property, but the right to possess has terminated, and yet
to be so which he believes to be ownership, whether possessor refuses to vacate the property
his belief be right or wrong
Unlawful detainer Forcible entry
 Ownership is different from possession. Possession is defined as the holding of a The possessor once had the permission to The possessor had no consent from the
thing or enjoyment of a right. possess theproperty beginning
 To possess means to actually and physically occupy a thing with or without right
 A person may be declared owner but he may not be entitled to possession 3. Accion Publiciana
 A judgment of ownership does not necessarily include possession as a necessary  This is for the recovery of the better right to possess
incident  The issue here is not possession de facto, but possession de jure
4. Accion Reivindicatoria
 This is an action against ownership, and action against a person with title
over the property

Art. 429 – Doctrine/Principle of Self-Help Art. 435 – Power of eminent domain
 The owner or lawful possessor has the right to exclude any person from the  Property rights, except the rights of occupation, are not affected by the
enjoyment and disposal of the thing condemnation proceedings until the title has passed to the petitioner, and that
 The owner has the right under the law to counter force with force does not occur not until the award of compensation for damages has been
satisfied
Article 430  Jus compensation means a fair and full equivalent for the loss sustained
 Market value is the price which it will bring where it is offered for the sale by
 Every owner may enclose or fence his land or tenements by means of walls, ditches, one who desires, but is not obliged to sell it, and is bought by one who is under
live or dead hedges, or by any other means without detriment to servitudes no necessity of having it. It is the value of the land in the locality.
constituted thereon.  Eminent domain refers to the right, expropriation refers to the procedure
 Doctrine of reasonable necessity – absolute necessity for public use is not
Art. 431 required
 Expropriation required for private use or extraordinary expropriation is allowed
 The owner of a thing cannot make use thereof in such manner as to injure the rights
of a third person. (n) Requisites of Art. 435
1. Taking by competent authority
Art. 432 – Doctrine of incomplete privilege or state of necessity 2. For public use
3. Just compensation
 This article refers to states of necessity wherein a person may have to interfere with 4. Observance of due process
another’s property in order to avoid or avert impending danger or injury
 The owner is entitled to demand for indemnities from the person who may have Art. 436 – Seizure/Abatement of nuisance
benefited or avoided the impending danger
 A valid exercise of police power which may be done in the interest health, safety,
Art. 433 or security, and to justify the destruction or abatement, by summary proceedings,
of whatever may be regarded as a public nuisance.
 A person who is in actual possession of a property is protected by a disputable  The owner shall not be entitled to compensation unless he can show that the
presumption of ownership condemnation or seizure is unjustified
 For a person to fall under the protection of this article, he must be in actual
possession of a property, and he must have a claim of ownership Art. 437 – Right to space and subsoil
Art. 434 – Requisites for recovery  The owner of a piece of land is the owner of its surface and anything under it he
can construct any works but subject to servitude and easements, special laws, and
Requisites for recovery ordinances, reasonable requirements of aerial navigation, principles on human
1. That he has a better title than the defendant property relations
2. The identity of the property
 It is necessary to identify the thing claimed as the object of the claimant’s right of
dominion. It is also necessary that the boundaries must be proved

Art. 438 – 439: Hidden Treasure Instances when the owner of land does not own the fruits
1. The land is in possession of a possessor in good faith, since he owns the fruits
Two requirements for the concept of treasure already received (Art. 544)
1. That they consist of money, jewels, or other precious objects 2. In cases of usufruct (Art. 566)
2. That they are hidden and unknown, such that their finding is a real discovery
Right to accession continua
 If found on the property of another, and by chance, person who found it is entitled to  Refers to both natural accession (accession natural) and artificial accession (accession
½ finder’s fee, but if he is a trespasser, he is not entitled to anything industrial)
 If the treasure found be of interest to science or arts, the state may acquire them for
just price Classification of Accession by Paras
 It is necessary that the owner is unknown
 The person who first brings to view the hidden treasure, even in part, is the finder, A. Accession Discreta (To the fruits)
although he may not take material possession thereof. 1. natural fruits
2. industrial fruits
3. civil fruits
ACCESSION
B. Accession Continua (Attachment or incorporation)
1. With reference to real property
Art. 440 – Definition of accession a. accession industrial
i. building
Accession ii. planting
 Accession, according to Art. 440, is not a mode of acquiring ownership, since it is iii. sowing
implicitly included in ownership
 The right to accession is automatic b. accession natural
 Accession is the right of a property owner to everything which is produced by his i. alluvium
property. It also includes the right to everything which is attached thereto, either ii. avulsion
naturally or artificially iii. change of course of rivers
 Tolentino defines accession as “the right by virtue of which the owner of a thing iv. formation of islands
becomes the owner of everything that it may produce or which may be inseparable
united or incorporated, either naturally or artificially.” 2. With respect to personal property
a. adjunction or conjunction
Art. 441-444 i. inclusion (engraftment)
ii. soldadura (attachment)
Right to fruits iii. tejido (weaving)
1. Natural fruits – refer to the spontaneous products of the soil where human labor iv. pintura (painting)
does not intervene, as well as the young and other products of animals v. escritura (writing)
2. Industrial fruits – refer to fruits produced by lands of any kind through cultivation
or labor b. mixture (confusion – liquids; commixtion – solids)
3. Civil fruits – refer to rents of perpetual or life annuities or other similar income c. specification

Priniciples: accession continua Art. 447 – Rule when landowner and owner of materials are different persons
1. The accessory follows the principal
2. He who is in good faith will not be penalized Situation General Rule Exception
3. He who is in bad faith may be penalized When the landowner and the landowner becomes the The owner of the materials
4. No one should unjustly enrich himself at the expense of another the owner of materials ARE owner of the materials, but decides to remove them
5. If both are in bad faith, they should both be considered in good faith BOTH IN GOOD FAITH he must pay the owner of without causing destruction
6. The union must be effected in such manner that to separate the principal from the the materials for their value
accessory would result in substantial injury to either by reimbursement.
When the landowner is in The landowner becomes the When the owner of the
Art. 445 – 446 BAD FAITH, and the owner of owner of the materials, but materials decides to remove
the materials is in GOOD he must pay for their value them whether or not
Accession industrial FAITH and DAMAGES destruction would be
 With respect to immovable property (accession industrial), accession continua is caused. In this case, the
governed by the general rule that whatever is built, planted, or sown on the land of owner of the materials and
another and the improvements thereon, belong to the owner (Art. 445) This principle will be entitled to damages
is applicable if the owner of the land is known. When the landowner is in The owner may demand the
 Its exception is that if the owner is married and the improvements are made on the GOOD FAITH and the owner demolition of the thing built,
separate property of the spouse using the conjugal funds, the improvements shall of the materials is in BAD in order to return things to
belong to the conjugal partnership. FAITH their former condition at the
 With respect to Art. 446, the presumption is that all works, sowing, and planting are expense of the builder or
made by the owner. The exception to this rule is when the improvements are compel the builder to pay
constructed on a separate property of one spouse, then construction is presumed to the price of the land and the
be conjugal. sower, proper rent
Three situations governed by different rules on accession industrial  The landowner is exempted from reimbursement unless he chooses to get what
1. When the landowner builds on his land using another persons’ materials was built and is also entitled do damages in accordance with Art. 451, while the
2. When another person other than the landowner builds on the land builder is entitled to reimbursement for necessary expenses for the preservation of
3. When there are three parties: the landowner, builder, and owner of materials the land in accordance with Art. 452

 A house built by a person on a land owned by another which land was occupied by
Art. 448-454: Rule when landowner and builder are different persons the former upon mere tolerance is a house built in bad faith
Situation General Rule Exception As to rights of the Builder:

When the builder is in GOOD The landowner has a choice When the land is  In case the owner of the land who is also in good faith, has not paid the property
FAITH either to: considerably higher than the indemnity, the builder, sower, or planter, in good faith shall have the right to stay
1. appropriate for value of what was built, then in the property without paying rentals and also the right to have the value of which
himself what was the builder cannot be is built, planted, or sown annotated on the title of the land to protect his right in
built after compelled to buy the land. case the land is sold to a third person in good faith and for value.
payment of In this case, the rent should  A builder in good faith cannot be compelled to pay rental on the land he does not
indemnity be paid by the builder upon own and on which his building was constructed. He has the right to retain the land
2. Oblige the builder terms agreed upon by the on which he has constructed the building in good faith until he is reimbursed the
to pay the price of parties or in case of expenses incurred by him
the land disagreement, the court  The builder, et al. in good faith who have not been paid the indemnity by the
shall fix the terms. owner of the land also in good faith, nay not validly claim the fruits thereof,
When the landowner is in The landowner becomes the When the builder decides to because in such case, they no longer act in good faith, they knowing the true owner
BAD FAITH, while the builder owner of the building, but he remove them whether or of the land
is in GOOD FAITH must pay for their value and not destruction would be  It must be noticed, however, that Art. 448 DOES NOT apply in the following cases:
damages caused since he has the 1. Co-ownership
absolute right of removal 2. Usufruct
When the landowner is in The builder loses what he 3. Lease already and/or previously agreed upon
GOOD FAITH, and builder is has built, planted or sown in 4. A person who owns a house and lot sells only the lot but not the house
in BAD FAITH bad faith without the right to 5. relations between private persons and sovereign belligerents
indemnity in accordance
with Art. 449
Art. 455-456: Rule when there are three parties (landowner, builder, and owner of
Prof’s lecture materials)
 Under the third situation, the rights of the landowner and builder remain
As to rights of the landowner: unaffected and established by the rules
 If the landowner property chooses to ask for the payment of the price of the land  A person can be in good faith and be negligent at the same time. In this case,
and the builder, planter, or sower cannot pay the same, the landowner may either damages will arise based on Art. 2176 .
oblige the builder or planter to remove the improvements at his expense or he may
petition the court to have the property be sold, and if the proceeds are not enough
to cover the value of the improvements, there shall be no reimbursement
 The landowner does not automatically become the owner of the improvement if
the builder fails to pay the value of the land
 If the landowner exercises the option to appropriate what he has been built,
planted or sown in bad faith, he may not be obliged to pay indemnity to builder,
planter, or sower

 Registration under the Torrens System does not protect the riparian owner against
any diminution of the area of his land through the gradual changes in the course of
Parties involved If in Bad faith If in Good faith the adjoining stream
Owner of materials He loses the right to be He is entitled to
indemnified. He can even be reimbursement from the Concept of Alluvium
liable for consequential builder since it was the  In alluvium, the riparian owner does not have to make an express act of possession
damage if the materials are builder who first made use  The alluvium belongs to him from the moment the deposit becomes manifest
of an inferior quality of the materials.  It should be noted that the gradual alluvial deposits must be due to the natural
current of the river
In case of insolvency of the  Hence, deposits caused by human intervention are excluded
builder, the landowner is
subsidiarily liable if he makes Accretion: Requisites
use of the materials . if the 1. That the deposit be gradual and imperceptible
landowner compels the 2. That it be made through the effects of the current of the water
builder to buy the land or to 3. That the land where accretion takes place is adjacent to the banks of the river
demolish the construction,
he does not make use of the  Paras makes additional requirements such as the river must continue to
materials, hence he cannot exist (if it disappears Art. 461 should be applied)
be held subsidearily liable  Added requisite is that the increase must be comparatively little which
ALL PARTIES They must all be considered could be considered as an amplification of the first requisite (that the
acting in good faith deposit must be gradual and imperceptible)
Alluvium Avulsion
Art. 457 – 458: The Riparian Owner Involves a gradual deposit of soil Refers to a sudden deposit
The soil in alluvium cannot be identified Avulsion is identifiable
Riparian Owner The owner of the land in alluvium owns the Owner of the land from which a part is
 One whose land is bounded by a natural stream, or through whose land it flows, accretion detached by avulsion retains ownership of
and riparian rights are those which he has to the use of the water of the stream such part
 The Civil Code grants the riparian owner the benefits of alluvium upon compliance
with the essential requisites  The land acquired by accretion will not become automatically registered under the
Torrens system if such accretion took place on a registered land
Reasons why alluvium is granted to the riparian owner  Therefore the benefit of accretion may be lost to third persons by prescription if
1. To compensate him for the loss he may suffer due to the erosion of the destructive the riparian owner does not register the said alluvial deposits
force of the water and danger from floods  The riparian owner has the right to make any beneficial use to himself on the
2. To compensate him because the property is subject to encumbrances and legal riparian land
easements  However, if the use involves a consumption of water, he may not use more than
this reasonable share as compared with other riparian owners, and that he must
 Accretions are natural incidents to land bounding upon a water course and are not not pollute the water to the injury of others entitled to it, and that the water he
affected by registration laws does not consume must be returned to the stream before it passes his land

The Water Code of the Philippines

 When a river in changing its course naturally opens a bed through a private estate,
the new bed becomes public dominion.
 The Water Code of the Philippines allows the riparian owner to protect himself from
Art. 459 – Concept of Avulsion such force of nature
 Under Article 57 of the Code, any person may erect levees and revetments to
Avulsion protect his property from flood, encroachment by the river or change in the course
 In avulsion, the portions of land must be such that it can be identified as coming of the river, provided that such construction does not cause damage to the
from a definite tenement. property of another
 When the known portion taken by the current of the waters from one tenement is  Art. 58 provides that: When a river or stream suddenly changes in course to traverse
left in the middle of the stream, not united to any other tenement, the owner private lands, the owner of the affected lands may not compel the government to
preserves his right of ownership over said portion. It will be governed by Art. 463. restore the river to its former bed; nor can they restrain the government from
 “Delayed accession” taking steps to revert the river or stream to its former course. The owners of the
lands thus affected are not entitled to any compensation for any damage sustained
Art. 460 – Uprooted trees thereby. However, former owners of the new bed shall be the owners of the
abandoned bed in proportion to the area lost by each
 This refers to uprooted trees only
 This does not include trees which remain planted or standing on a known portion When article not applicable
of land carried by the force of water to another tenement because in this case the  It is clear that the present article contemplates a case wherein a river bed is
trees are merely accessions of the land and Article 459 is applicable abandoned by a natural change in the course of the river which opens a new bed.
 It does not contemplate a situation where the river simply dries up.
Art. 461-462
Prof’s lecture
 Once the river bed has been abandoned, the owners of the invaded land  Note that the consolidation referred to in Article 461 (second sentence) was not
automatically (as in the case of alluvium) acquire ownership over the abandoned included in the above-quoted provision of the Water Code. It is said, however, that
bed to the extent provided for in this article consolidation in Art. 461 is applicable
 Therefore, no formal act of ownership is necessary and any occupant of such
abandoned bed will be considered as a trespasser Art. 463
Requisites  This article refers to all rivers, whether navigable or floatable or not. The owner
1. change must be sudden in order that the old river may be identified does not lose his ownership simply because of an inundation which ahs converted
2. changing course must be more or less permanent his land into an island.
3. change of river bed must be due to natural causes
4. there must be definite abandonment by the government Art. 464
5. river must continue to exist and not completely dry up
 The islands referred to in this article belong to the patrimonial property of the state.
 Note than when a river changing its course by natural causes opens a new bed, as  A navigable river is one which in its natural state affords a channel for useful
well as the new river bank, through a private estate this bed shall become public commerce and not such as is only sufficient to float a banca or a canoe
dominion based on Art. 462

thing belong to him be separated, even

though for this purpose it be necessary to
destroy the principal thing, and in both
cases, furthermore, there shall be
Art. 465 - Islands formed in non-navigable and non-floatable rivers indemnity for damages
If either one of the owners has made the Their respective rights shall be determined
 This article refers to islands formed gradually by successive accumulations of incorporation with knowledge and as though both acted in good faith
deposits by the waters of the river in the same manner as alluvium without the objection of the other
 This includes new isles or islets formed between an existing island and the opposite
river bank in which case the owner of the older island is just considered as a Art. 471 – Definition of adjunction
riparian owner for the purpose of determining ownership.
Adjunction
It does not include the following:  Process by virtue of which two movable things belonging to different owners are
1. If nearer in margin in one bank, owner of the nearer margin is the sole owner united in such a way that they form a single object
2. If equidistant, the island shall be divided longitudinally in halves, each getting the  An example of adjunction is when a person varnishes his chair using another
half person’s varnish
Right of accession with respect to movable property How to determine the principal object in adjunction
 The Civil Code talks about three types of accession with respect to immovable
property: adjunction (or conjunction), mixture and specifications Article 468-469 therefore provides the following rules to determine the principal (in order
of preference)
Art. 466 – 468 1. That to which the other has been united as on ornament or for its use or perfection
2. That of greater value
 In painting and sculpture, writings, printed matter, engraving, and lithographs, the 3. That of greater volume
board, metal stone, canvas, paper, or parchment shall be deemed the accessory 4. That which has greater merits (from the combined consideration of utility and
thing volume)
Art. 469 Rule if both parties are in good faith

 If both parties are in good faith, the general rule on accession applies wherein in the
 In case the thing united for the use, embellishment or perfection of the other, is absence of an agreement between the parties, the owner of the principal acquires
much more precious than the principal thing, the owner of the former may demand the accessory
its separation, even though the thing to which it has been incorporated may suffer  However, if things can be separated without injury, the owners may also demand
some injury separation
 Even if both parties are in good faith, the rule is subject to certain exceptions. If the
Art. 470 accessory is more precious than the principal, the owner of the accessory becomes
the gunner and may demand separation even if the principal thing will be damaged.
Situation Effect
If the one who has acted in bad faith is the The owner of the accessory thing shall Rule if one party is in bad faith
owner of the principal thing have the right to choose between the
former paying him the value or that the

 If the owner of the principal is in bad faith, the owner of the accessory has the  If the making is more precious than the transformed thing or is of more value, its
option to demand payment for the value of the accessory or separation, even owner may, at his option, appropriate the new thing to himself, after first paying
though the principal thing might be destroyed. indemnity for the value of the work or demand indemnity for the material
 If the owner of the accessory is in bad faith, he shall lose the thing and shall be  If in the making of the thing bad faith intervened, the owner of the material shall
liable to pay damages according to Art. 470. have the right to appropriate the work to himself without paying anything to the
 In cases where one person is in bad faith and the innocent party has the right to maker, or to demand of the latter that he indemnify him for the value of the
indemnity, the innocent party may choose to be indemnified in the following material and damages he may have suffered
manner:  If the owner of the material cannot appropriate the work in case the value of the
1. Delivery of a thing equal in kind and value (quantity, quality) latter, for artistic or scientific reasons, is considerably more than that of the
2. Payment of price as appraised by experts. Sentimental value should also material
be considered as stated in Art. 475
Art. 475 – Definition of specification
Art. 472-473: Mixture
Specification
Mixture  The process of giving a new form to another’s material through the application of
 Combination of the union of materials where the respective identities of the labor.
component elements are lost  General rule, labor is considered the principal object and the material used in
considered the accessory
Kinds of mixture
Commixtion Confusion Rule if the worker or principal is in good faith
Solids are mixed Liquids are combined  General rule: when the principal is in good faith, he may appropriate the new thing
but he must indemnify the owner of the materials for actual materials used.
 When the materials are more valuable than the principal or the labor, the owner of
Rules for mixture the materials has the option to:
General Rule: the agreement between the parties shall govern 1. Get the new thing but he must pay for the work OR
In the absence of such agreement… 2. Demand indemnity for the materials used
Situation Rule
Mixture is caused by the will of one owner A forced co-ownership will result with each Rule if worker or principal is in bad faith
 General rule: when the principal is in bad faith, he loses his right to the principal
and he is in GOOD FAITH or by will of both owner acquiring an interest proportional to
parties, or by chance, the value of his materials object
 As such, the owner of the materials has the option to either:
Mixture is caused by one owner in BAD Such owner loses his materials and shall be
1. Appropriate the work without paying for the labor plus damages
FAITH liable to the other owner for damages
2. Demand indemnity for the material plus damages
If one party was negligent He shall be liable for damages even if he was
in good faith
 The option of appropriation is not available if the value of the resultant work is
more valuable due to artistic or scientific reasons
Art. 474
Adjunction Mixture Specification
Involves at least two things At least two things May involve only 1 thing (may
be more) but form is changed

As a rule, accessory follows the Co-ownership As a rule, accessory follows 5) Each co-owner holds almost absolute control over his ideal share
principal the principal 6) No juridical personality
The things joined retain their The things mixed or The new object retains or 7) Co-owners is in a sense a trustee of co-owners
nature confused may either preserves the nature of the
retain or lose the nature original object Sources:
1) By operation of law
2) Contract
3) Succession or will (property left undivided amongst several heirs)
CO-OWNERSHIP 4) Fortuitous events (commixtion and confusion caused by accident or chance,
discovery of hidden treasures)
5) Occupancy
Art. 484.
6) Quasi-contracts (negotiorium gestio/ solution indebiti)
*Co-ownership – ownership of an undivided thing or right belongs to different persons
- governing laws: contracts, special provision, co-ownership
CO-OWNERSHIP Joint tenancy
- Ideal division of physical whole - There is physical whole BUT NO
 The right of common dominion which 2 or more persons have in a spiritual
 each being the owner of his IDEAL SHARE
part of a thing, not materially or physically divided
equivalent share  all of them own the whole
 There is a single object which is not physically divided
- Each co-owner may dispose of his - Each may NOT dispose of their
 No co-ownership when the specific portions owned by different people are
ideal/undivided share (EVEN W/O share without consent of the rest
already determined and can be identified
CONSENT of others) - Share of deceased joint owner goes
 Subject matter: undivided thing or undivided right (lease inherited from
- HEIRS of deceased co-owners to OTHER CO-OWNERS thru
deceased parent)
ACQUIRE respective share accretion
 Particular portions of co-owners not yet been defined
- Minority of co-owner can’t be - Minority benefits others against
o Recognition of equal or proportional shares which determine the
used by others as a defense whom prescription will run
rights and obligations of co-owners
against prescription
 A form of express trust
CO-OWNERSHIP Partnership
o Every co-owner becomes a trustee for others
- Only created thru agreement of
Prof’s lecture: - Purpose: merely for enjoyment parties
 Plurality of subjects and maintaining of thing in unity - Purpose: profit
 More than one person owns the thing with others
 Recognition that somebody else has the same right over the same thing - No judicial personality - Judicial personality created distinct
from that of the members
Characteristics of Co-ownership: - Special authority to represent - Mutual representation
1) More than one subject or co-owner - Not necessarily extinguished by - Extinguished by death or incapacity
2) One physical whole divided into ideal shares or undivided shares death or incapacity of one partner
3) Each ideal share is definite in amount BUT not physically segregated from the rest
4) Each co-owner must respect each other in the common use, enjoyment, or Prof’s lecture:
preservation of the physical whole CC: true owner of the property saved or taken cared of by the gestor shall be liable for the
o Interests of others must not be disregarded expenses of the gestor
o Until paid/ compensated, the gestor will have a lien on the property

o Until paid, co-ownership arises permitting the gestor to use the property Purpose determined by:
while in his possession - express or implied agreement
- nature of the thing
Art. 485 - use to which the thing has been previously devoted
1) Share of co-owners, in benefits and charges, shall be proportional to their
respective shares. - mere tolerance of one co-owner cannot legalize change in the use
o Any contrary stipulation  VOID - co-owners may make rules as to how to use the thing owned in common
2) Portions belonging to co-owners  presumed equal o just and equitable distribution of uses
o Unless contrary proved o right and enjoyment of one co-owner should be limited by a similar right
of another co-owner to enjoy the thing
- remedies available to owners in general may be used by co-owners against acts
- Each co-owner also shares proportionately in the accretion/ alluvium of the w/c are contrary to the collective interest
property
o Added portion becomes part of property of co-ownership Prof’s lecture:
o Increase benefits of all - Other co-owner’s right to use the property co-owned should not be impaired by
one’s use
Prof’s lecture: o If impaired, then indemnity for the loss or impairment of the enjoyment
- Reimbursable expenses: for preservation of the property, redound to the benefit of of the property should be had
all
Art. 486. LIMITS ON THE RIGHTS OF CO-OWNERSHIP Art. 487. EJECTMENT

*Each co-owner may use the thing owned in common, provided - A co-owner may bring an action for the recovery of possession W/O necessity of
o used in accordance with purpose of which it is intended joining all co-owners as co-plaintiffs
o way as not to injure the interest of the co-ownership/ prevent other co- o Presumed to be for the benefit of all
owners from using it according to their rights o If one of the co-owners knows that another had already instituted an
*Purpose of co-ownership may be changed by: express or implied agreement action for ejectment  bound by decision made on that action
 Provided he consents to the institution of such action
rd
1) co-owner may only use the thing for the purpose for which it is intended o Covers action against 3 parties
2) no prejudice to the interests of the co-ownership o Covers action against co-owner who takes exclusive possession and
3) other co-owners must not be prevented from making use of thing accdg to their asserts ownership in himself alone
own rights  Effect of action against co-owner: recognition of co-ownership
Prof’s lecture: Art. 488. NECESSARY EXPENSES CONTRIBUTION

Alteration – act of changing the nature or use of the thing co-owned GR: Each co-owner shall have the right to compel the other owners to contribute to the
- unanimous vote for major alterations expenses of:
o or majority vote 1) preservation of the thing or right owned in common
o in case of non-consenting co-owner 2) taxes
 option to sell
 or buy the shares of the others who did not consent E: To exempt himself from obligation

- renounce so much of his undivided interest as may be equivalent to his share of - Proportionate contribution: preservation of the main walls, party walls, other
expenses and taxes things used in common
EE: no such waiver shall be made if it is prejudicial to the co-ownership - Each floor owner bears preservation expenses of his own floor
- Stairs maintained from story to story by those who use the respective stairs
- only necessary expenses
- preservation expenses: those which if not made, would cause danger to the Condos
existence of the thing/ would diminish the value or productivity thereof - Owners are individual and separate owners of the separate units
- may compel contribution even if incurred without prior notice - Areas in building that benefit all are under co-ownership of the different unit
- useful improvements w/c increase value of property CAN’T be charged to the other owners (partly co-owned and partly individual type of ownership)
co-owners W/O LATTER’S CONSENT (because purpose of co-ownership is NOT
profit) Art. 491. ALTERATIONS
GR: None of the co-owners shall make alterations in the thing owned in common even though
- Co-owner has 2 choices: benefits for all would result
1) Contribute to the necessary expenses E: With other co-owners’ consent
2) Expressly renounce interest he has as may be equivalent to what he should EE: withholding consent by one or more of the co-owners is clearly prejudicial to the common
have paid or contributed interest
o Actually a novation/ dacion en pago/ cession of rights and obligations  courts may afford adequate relief
 Consent of co-owners needed
 Would amount to change of debtor  novation: consent of - Alteration
rd
creditor (3 party) who is not one of the co-owners is also o when co-owner changes the thing from the state in which the others
needed believe it should remain, or withdraws it from use to which they desire it
o Renunciation may not be had if it will be prejudicial to the co-ownership. to be intended
o Change, more or less permanent
Art. 489. o Changes the uses of thing, and which prejudices the condition of the
*Repairs for preservation may be made at the will of one of the co-owners thing or its enjoyment by the others
 If practicable: must first notify his co-owners for such repairs o unanimity of all co-owners needed! (express/ implied consent)
*Improvement or embellishment expenses  An implied consent  would only make alteration legal
 decided by majority (Art. 492) • Not necessarily make the other co-owners liable for
expenses incurred
- Co-owner may advance necessary expenses even if the rest opposes because the  Without express/ implied consent: ILLEGAL alteration
negligence of others should not prejudice him • Co-owner who made the change may lose what he
- May advance funds then recover from others later has spent, liable for loss and damage
- Failure to give notice does not deprive advancing co-owner the right to recover the • Demolition may be asked for by others
others’ proportionate shares in the expenses o If not possible: others may ask for
o Effect: co-owner who effected repairs must show the necessity of repairs indemnity and w/o being obliged to share in
and reasonableness of expenses the expenses of alteration
o Any benefit from alteration would belong to the co-ownership
Art. 490. PERPENDICULAR OWNERSHIP
“perpendicular co-ownership”
- Different stories are owned by different persons

Art. 492 RESOLUTION

1) For administration and better enjoyment of the thing owned: resolutions of Art. 493.
majority of the co-owners shall be binding *Each co-owner shall have full ownership of his part + its fruits & its benefits
2) No majority resolution unless resolutions is: o may alienate, assign, mortgage it
 Approved by co-owners representing the controlling interest in the object of co- o substitute another person in its enjoyment
ownership  E: wrt personal rights
3) If no majority/ majority resolution seriously prejudicial *Alienation or mortgage in co-ownership is limited to the portion w/c may be allotted to him
 Court at instance of interested party, shall order such measures as it may deem in the division upon termination of the co-ownership
proper (appointment of Administrator)
4) Part of a thing belongs exclusively to one of co-owners, remainder owned in - Co-owner:
common o Has full ownership of his pro-indiviso share
 preceding provision shall apply only to the part owned in common o Has right to alienate, assign or mortgage it, and substitute another
person in its enjoyment
- Refers only to acts of administration and for better enjoyment of the thing owned
in common - No individual co-owner can claim any definite portion of the thing shared in
- Acts of administration: common
o Only enjoyment and preservation of the thing o Until partition
o Transitory effects - Co-owner can: alienate, assign, or mortgage only his ideal share in the whole thing
o Alteration which does not affect the substance or form of thing shared in o Full-ownership only on that undivided share
common - Sale of entire property by co-owner: valid only insofar as his share is concerned
o May be renewed from time to time o Unless other consented to the sale
o Not give rise to real right over a thing o Only transfers rights of co-owner-vendor to buyer, making buyer  co-
o Usually for common benefit of all co-owners owner of property
- Limitation:
o Arise from MAJORITY RESOLUTION (in interest not in number) o co-owner cannot alienate purely personal rights
 But if act would be for strict ownership: CONSENT OF ALL o co-owner cannot make a disposition for the purpose of giving the thing
needed different use from that agreed upon or derived from nature of the thing
o Minority should still be informed (to be heard)
o Administration may be placed in the hands of another: Adiminstrator Art. 494.
considered as agent GR: No co-owner shall be obliged to remain in the co-ownership
o Each co-owner may demand at any time the partition of the thing owned
Court intervention: in common, insofar as his share is concerned
o If no real majority/ resolution prejudicial to rights of individual co-owner E: 1) Agreement to keep the thing undivided for a certain period of time (not
 court may appoint an administrator exceeding 10 years)
o May be called by minority to act when 2) Donor or testator prohibits partition (not exceeding 20 years)
 majority refuses to correct abuse of administration or 3) Prohibited by law
maladministration
 minority is made victim of fraud *Prescription shall not run in favor of co-owner or co-heir against his co-owners or co-heirs as
 alteration is agreed upon instead of act of administration long as:
o only when injury is serious and affects interest of co-owners  he expressly or impliedly RECOGNIZES the co-ownership

o Partition is not delivery or conveyance of the property

- Right to demand partition NEVER PRESCRIBES o Merely a designation of a specific part which belong to each co-owner
- Co-owner may not acquire exclusive ownership of common property thru - 2 issues:
prescription; co-owners trustee for another 1) Whether the plaintiff indeed is a co-owner?
o For prescription to run: 2) How the property should be divided?
 there should be a CLEAR REPUDIATION of the claims of others o If can’t agree how: court shall appoint not more than 3 commissioners to
 others were notified of the claim of co-owner asserting make the partition
individual co-ownership over the property  Judgment shall state particular portion given to each (metes,
 evidence of possession must be clear, complete and conclusive bounds, adequate description)
to establish prescription without doubt (adverse and exclusive, o If property can’t be divided w/o prejudicing interests of other co-owners:
opposed to the rights of others) court may order the property be assigned to only one of the co-owners
 Requisites:  In this case: other co-owners should pay the assignee as
1) That he has performed unequivocal acts of repudiation commissioners deem equitable
amounting to an ouster of cestui que trust / other co- - Nature and extent of title should be set forth (description of property and persons
owners interested in the property as defendants)
2) That such positive acts of repudiation has been made - Property may be sold and profits divided proportionately
known to other co-owners o Exact amount should be specified in the judgment
3) The evidence must be clear and convincing - Action to nullify a void extrajudicial partition does NOT prescribe
- PARTITION CAN’T BE ASKED WHEN:
1) Co-owners agreed to continue the co-ownership for the period permitted by Art. 497.
law GR: Creditors and assignees of the co-owners may take part in the division of the thing owned
2) Co-ownership is imposed as a condition in a donation or a will in common and the object being effected w/o their concurrence.
3) From the nature of the community it cannot legally be divided (party walls, E: Can’t impugn any partition already executed
conjugal partnership) EE: 1) unless fraud or 2) in a case it was made (st. formal opposition presented to prevent it)
4) Partition or division will render the thing unserviceable for the use or purpose - w/o prejudice to the right of debtor or assignor to maintain its validity
for which it is intended (Art. 495)
- includes all creditors who became such DURING EXISTENCE of the co-ownership
Art. 495. INDIVISIBLE OBJECT - contemplated assignees:
*Co-owners can’t demand a physical division of thing, when to do so would render it o transferee of the part of interest to co-owner
UNSERVICEABLE FOR USE for which it is intended o only have personal rights against the assignor, w/ no right of ownership
- but co-ownership may be terminated in accordance with Art. 498. over interest assigned
- creditors and assignees should be given notice of partition (since they have been
- Art. 498: thing be sold and proceeds be divided proportionately among co-owners given right to participate in the partition)
Art. 496. Art. 498. When common thing or right SOLD and proceeds distributed
*Partition may be made by: 1) agreement between parties 2) judicial proceedings (ROC) *1) whenever a thing is essentially indivisible
2) and co-owners can’t agree that it be allotted to one of them who shall indemnify others
Partition – division of real or personal property among co-owners, so that they may enjoy
and posses the thing severally - judicial or legal dissolution
- Agreement may be in writing or orally - whole can be given to one co-owner who would be required to indemnify the rest

- permits of a sale of the whole (auction/ purchase; either of personal or real

property)
- apply to indivisible object
o can apply to objects though essentially divisible, are rendered indivisible
as partition would be greatly prejudicial to the co-ownership
Art. 499. PARTITION OF THING OWNED IN COMMON

WATERS
- shall not prejudice third persons, who shall retain rights of mortgage, servitude, or
any other real rights belonging to them BEFORE division was made
- PERSONAL RIGHTS pertaining to third persons against co-ownership shall remain in P.D. No. 1067 (Dec 31, 1976) Water Code of the Philippines (WC) & New CC on Waters
force, notwithstanding partition - Water Code now governs ownership, appropriation, utilization, exploitation,
development, conservation & protection of water resources, subject to provisions
rd of the Consitution
3 persons wrt partition – all those who do not intervene in the partition
- (Art. 100 of Water Code) Water Code repealed provisions of
Art. 500. EFFECTS OF PARTITION o Spanish Law of Waters
*Upon partition o Civil Code
- there shall be a 1) MUTUAL ACCOUNTING OF BENEFITS received 2) and REIMBURSEMENTS o Other laws relating to waters
for expenses made  Which are inconsistent w/ the provisions of the decree
- co-owners shall pay for damages caused by reason of his negligence or fraud  Provisions of New CC on waters are impliedly repealed insofar as there are
provisions in conflict
1) Mutual accounting of benefits received o Act as suppletory character
2) Mutual reimbursement for expenses o Art 52 WC: “establishment, extent, form & conditions of water not
3) Indemnity for damages in case of negligence or fraud expressly determined by the provisions of this Code shall be governed by
4) Reciprocal warranty for defects of title or quality the provisions of the CC”
5) Each former co-owner is deemed to have had exclusive possession of part allotted
to him for the entire period during which the co-possession lasted CHAPTER I DECLARATION OF OBJECTIVES & PRINCIPLES
6) Partition confers upon each the exclusive title over his respective share Provisions in the NEW CC on Waters Superseded by the Water Code
- Water Code of Philippines may be considered as our basic law on waaters
Art. 501. AFTER PARTITION - WC detailed & broad enough to cover & therefore supersede provisions of the New
*every co-owner shall be liable for DEFECTS OF TITLE and QUALITY of portion assigned to CC on waters
each of the other co-owners
CHAPTER II OWNERSHIP OF WATERS
CO-OWNERSHIP IS EXTINGUISHED THRU: Ownership of Waters
1) Judicial partition - Reiteration of the rule provided for in the provisions on Waters under the Civil
2) Extrajudicial partition Code
3) Prescription by one of the co-owners or by a stranger o GR: All waters belong to the State
4) Merger  E: for those waters found in private lands, w/c necessarily
5) Loss or destruction belong to owners of such lands
6) Expropriation

• E-E: These waters cease t be of private ownership subject to the servitude of the public, nor regarded as public highways by waters
once these waters leave the private lands  thus because they are not susceptible of use as a common passage for the public.”
become part of public dominion
• Art 6 WC: The following even though on private CHAPTER III APPROPRIATION OF WATERS
lands, still belong to the State Definition
o Continuous or intermittent waters rising on - Acquisition of rights over the use of water or
such lands, - Taking or diverting of waters from a natural source in the manner for any purpose
o Lakes naturally rising on such lands, allowed by law (Art. 9)
o Rain water & falling on such lands, - Concept of appropriation involves 2 acts:
o Subterranean or ground waters; and o Right of enjoyment or use of the waters
o Waters in swamps and marshes  Limited to the current state of the body of water concerned
 BUT owners of these private lands may make use  No modification or alteration of such body is involved
of them for domestic purposes even in the absence of o Actual taking of the waters
Gov’t permit  There is a change in the natural course of the body of water as
 UNLESS required by National Water it is taken or diverted for a particular purpose, allowed by law
Resources Council Purpose
- Domestic, municipal, irrigation, power generation, fisheries, livestock raising,
All Proprietary Rights wrt Water Adhere to the Owner of the Private Lands where these industrial, & recreational, aside from other purposes
Waters are Found o Domestic & recreational: used for personal or leisurely needs
- Art 7 & 8: owners of private lands will have control over the waters in their  Domestic: for drinking, washing, bathing, cooking or other
property, even though these waters are of public dominion, once household needs; home gardens, domestic animals
o they have collected them  Recreational: swimming pools, boating, golf courses, other
o & so long as such waters are being beneficially used for the purposes for similar facilities in resorts etc.
which water was appropriated o Livelihood industries:
- Syracuse v. Stacey: Water, when reduced to possession, is property and may be  irrigation purposes – utilization of water for producing
bought & sold & have market value, if such water is in actual possession & subject agricultural products
to the appropriator’s control & mgt o Fisheries – utilization of water for propagation & culture of fish as
o Running water in natural streams, not yet being appropriated, is not commercial enterprise
property in strictest sense; it still belongs to the State o Industrial purposes – utilization of factories, industrial plants & mines
including the use of water as a finished product
GR: All Waters Essentially Belong to the State o Livestock raising – water is utilized for large herds or flocks of animals
- E: pertains to waters found in private lands raised as a commercial enterprise
- BUT Art 5. Mentions which waters are considered public dominion o To facilitate smooth running of the government & country
 being public ownership, no private person can limit the use of  Municipal purposes – to supply water requirements of the
said public waters community
- nature of body of water should considered to determine whether the water is of  Power generation – for production of electrical & mechanical
public or private ownership power
- Wadsworth v. Smith: If waters, in their natural state, cannot be used for the
carriage of boats, rafts, or other property, such waters are wholly private, not Note:

- Possible that waters appropriated for a particular purpose can be applied or o Base its decision taking into account the relevant factors (not exclusive)
utilized for another purpose  Protests filed (if any)
o Result only upon approval of the National Water Resources Council  Prior permits granted
o Approval for new appropriation would be subject to the condition  Availability of water
 that the new use does not unduly prejudice the rights of other  Water supply need for beneficial use
permittees, or  Possible adverse effects
 require the increase in the volume of water  Land-use economics
- the State reserves the right to declare waters not previously appropriated, in whole - Only after requisites are satisfied will the application for water permit would be
or in part, as exempt from appropriation for any or all purposes granted
o if public policy so requires - Upon approval, water permit shall be issued & recorded
- Long Island Water-Supply Co. v. City of Brooklyn: Water can be appropriated for
municipal use. In such appropriation, just compensation should be made to the Time of Acquisition of Right
parties who would be affected. - Acquisition of right to use of water begins FROM THE TIME OF FILING THE
APPLICATION
*** o In cases however, when a permit is no longer needed for exercise of the
WATER RIGHT right or water right not essential for use of water,
GR: Water right is needed by a person, including government instrumentalities or GOCCs, to  DATE OF ACTUAL USE OR APPROPRIATION OF WATER would be
be able to appropriate water the time when such right was deemed acquired
- it is a privilege grant by the gov’t to appropriate & use water
- evidenced by a water permit Evidence by a Water Permit
E: otherwise provided in the Water Code - Granting of this is subject to several conditions
o Beneficial use, adequate standards of design construction, those others
Exceptions provided by the Water Code (cases where water permit not necessary) that NWRC may impose
- with regard to the control, protection, conservation & regulation of appropriation - Temporary permits may be issued for appropriation & use of water for short
& use of waters periods under special circumstances
o eg. Appropriation by means of hand carried receptacles - Subject to modification or cancellation by Council
o eg. Bathing, washing, watering, or dipping of domestic farm animals & o Only after due notice & hearing
navigation of watercrafts of transportation of logs & other objects by o Such action must be done in favor of a project of greater beneficial use or
floatation for multi-purpose development
o Water permittee who suffers shall be duly compensated by the entity or
Requisites person in whose favor the cancellation was made
Qualifications of the Applicant (also apply to juridical persons whenever appropriate)
1) citizen of the Philippines Contents
2) of legal age - specify max amount of water w/c may be diverted or withdrawn
3) must be qualified by law to exploit & develop water resources - max rate diversion or withdrawal
- time or times during the year when water may be used
Procedural - NWCC can add further requirements it deems desirable
- File application w/ Nat’l Water Resources Council (NWRC)
- NWRC must take the application known to public for any protests Suspension
- NWRC will decide & determine whether or not to grant or to deny application GR: water permits shall continue to be valid as long as water is beneficially used

E: • This requirement does not apply for appropriation for

- suspended on grounds on non-compliance w/ approved plans & specifications or domestic use
schedules of water distribution  All appropriators of water shall furnish information on water
- use of water other than those for purpose granted use (when required by NWRC)
- non-payment of water charges
- wastage Presumption as to Priorities
- failure to keep records of water diversion, when required GR: Priority in time of appropriation shall give the better right as regards 2 or more
- violation of any term or condition of any permit or of rules & regulations appropriation.
promulgated by NWRC - Use of water for domestic & municipal purposes shall have better right over all
other uses
Revocation
- only after due notice & hearing on grounds of E: during times of emergencies
o non-use - In cases where recurrent water shortage & the appropriator for municipal use has
o gross violation of conditions imposed in the permit lower priority in time of appropriation, then the appropriator shall have the duty to
o unauthorized sale of water find an alternative source of supply in accordance w/ conditions set by NWRC.
o willful failure ore refusal to comply w/ rules & regulations of any lawful
order Note:
o pollution, public nuisance, or acts detrimental to public health & safety - Priorities are alterable
o when appropriator is found to be disqualified under the law to exploit & o may be modified on grounds such as greater beneficial use, multi-
develop natural resources of the Philippines purpose use, & other similar grounds
o when, in case of irrigation, land is converted to non-agricultural purposes o should be done after due notice & hearing, & in proper cases, be subject
o other similar grounds to payment of compensation
Duties & Rights of Holder of Water Right
rd
Transferability of Water Rights - exercise it in such manner that rights of 3 persons or of other appropriators
- may be lent or transferred in whole or in part to another person would not be prejudiced
o 2 requirements: - may demand the establishment of easements necessary for the construction &
 Transfer should be w/ prior approval of NWRC maintenance of the works & facilities needed for the beneficial use of the waters to
 Done after due notice & hearing be appropriated
o subject to requirements of just compensation
Measure & Limit of Water Appropriation o easement must be most convenient & least onerous to the servient
- Beneficial use of water estate
o Utilization of water in the right amount during the period that the water o easements may be modified by agreement of contracting parties
rd
is needed for producing benefits for which the water is appropriated provided the same is not contrary to law or prejudicial to 3 persons
o Standards: - holder must be the owner, lessee, mortgage or one having real right over the land
 Could be prescribed by NWRC depending on different purposes upon w/c he purposes to use water
& conditions for which the water would be appropriated - Lux v. Haggin: Riparian owners have a right of property in the waters or stream. As
• Basis of measuring & controlling the waters such, the owners may reasonably use the waters for purposes of irrigation.
appropriated However, this property right may be taken for a public use, but just compensation
 Every appropriator shall maintain water control & measuring should first be made or paid into court. Because of this, a private person cannot
devices, & keep records of water withdrawal

take the property from another, for an alleged public use without any 5. For raising or lowering water level of a river, stream, lake, lagoon or marsh or draining
compensation being made to riparian owners. the same
- Crawford v. Hathaway: A riparian’s right to use of the flow of the stream passing - So long as it is practicable, waters should be reused unless such reuse would
thru or by his land is a right inseparably annexed to the soil not as an easement or adversely affect public health & safety
appurtenance, but as a part and parcel of the land. Such right being a property
right, is entitled to protection in the same way as private property rights. The Use of Water Should Cause No Damage, or the Least Damage, to Another
*Utilization of water should not, as far as practicable, cause damage or detriment to another
Liabilities
- Water rights in permit is not permitted - Constructions should be approved according to plan by the appropriated govt
o Subject to modifications & reductions agency (Art 44)
 When shortage is recurrent & such reductions need to be - Use of artificial means to drain water from high land to law land should also be in
undertaken in the interest of equitable distribution of benefits such a manner least prejudicial to low lands, subject to just compensation (Art 47)
among legal appropriators
 After notice & due hearing Provisions on Easements in the WC
 On occasions of diminution of water supply due to natural Art 49: Any person having an easement for an aqueduct to enter upon the servient land for
cause & force majeure, the diminution would be borne by the purposes of cleaning, repairing & replacing
water users Art 50:
* Lower estate has the obligation
*** - to receive waters which naturally flow from the higher estates, including the stones
or earth they carry with them
CHAPTER IV UTILIZATION OF WATERS - not to construct works which will impede their natural flow
Factors to be Considered in the Preference for the Development of Water Resources o unless he provides for an alternative method of drainage
1) The security of the State *Owner of higher estate is prohibited from constructing works w/c will increase the natural
2) Multiple use flow
3) Beneficial effects *Easements are created in banks of rivers, streams and shores of the seas & lakes throughout
4) Adverse effects their entire length & within a zone of
5) Cost of development o 3 meters in urban areas
o 20 m in agricultural
- Underscores the underlying principle of WC: all waters belong to the State, and o 40 m in forest
thus, these waters should be used in accordance w/ the greatest benefit & the least for public use, for flotage, fishing & salvage.
detriment that this utilization will create on the State Art 52: The establishment, extent, form & conditions, of easements of water not mentioned
- Utilization of waters shall be coordinated, protected, & regulated so that superior in the WC shall be governed in the provisions of the CC.
rights would not infringe on inferior ones
CHAPTER V CONTROL OF WATERS
Permits Required in Certain Cases (Art 40-43, 36) Duties of Secretary of Public Works, Transportation & Communication
1. Excavation for the purposes of emission of a hot spring or for the enlargement of the - To promote the best interest by the coordination & protection of flood plain lands
existing opening thereof - Power to declare flood control areas, to promulgate rules & regulations to control
2. If water used for hot spring for human consumption  permit of NWRC & DOH activities in order to prevent
3. Development of stream for recreation purposes o Damage, deterioration, obstruction of water flow, change in natural flow
4. Inducement or restraining of rainfall by any method such as cloud seeding of the river, increase in flood losses & aggravate flood problems

- May also prohibit the cultivation of river beds, sand bars and tidal flats
National Pollution Control Commission
Permit Required in Certain Cases Duties:
- in the control of waters - to issue permit to build any works that may produce dangerous pr noxious
substance or perform any act which may result in the introduction of sewage,
GR: cultivation of river beds, sand bars and tidal flats are prohibited by the WC industrial waste, or any pollutant into any source of water supply
E: in instances where a permit is acquired from the Secretary of Public Works, Transpo & - to recommend the issuance of a permit to the Council regarding the dumping into
Comm. rivers & waterways of tailing from mining operations & sediments from placer
- In granting permit, Secretary must bear in mind his duties & permit must be issued mining
if it will not obstruct water flow or increase flod levels - to prohibit or regulate the application of agriculture fertilizers & pesticides in areas
- Permit needed in case of change in river/ stream course and owner of an affected where such application may cause pollution of a source of water supply
land should want to return the river or stream
o If granted, work must commence within 2 years from the change in CHAPTER VII ADMINISTRATION OF WATERS & ENFORCEMENT OF THE PROVISIONS OF THIS
course CODE
- Permits required in storage of water of a stream in a reservoir & to be able to drill a
well National Waters Council
- body takes w/ administration & enforcement of the WC provisions
Sudden Change of river or Stream Course - Administration & enforcement includes:
The owner of the private land affected by the sudden change in the course of the river or o Granting permits, imposition of penalties for administrative violations of
stream the WC
- cannot compel the gov’t to restore the river o Makes all decisions & determinations provided for in the WC
- cannot restrain the gov’t from reverting the stream or river to its former course &  E: for those functions specifically conferred by the Code to
- are not entitled to compensation for any damage sustained other govt agencies
 BUT shall be owners of the abandoned bed proportion to the area lost by each or, o Can deputize any official, agency to perform any of its specific functions
with proper permit, may undertake the river to its old bed at their own expense & activities
Legal Easement in Favor of the Gov’t Powers of the Council

- Upon declaration of flood control areas, the gov’t may construct the necessary
flood control structures, and as a result, they shall have legal easement for that Promulgating of Rules & Regulations
purpose. - May provide penalties:
o Easement shall be: o Fine not > P1000 and/ or
 as wide as may be needed o Suspension or revocation of water permit or other right to use the water
 along & adjacent to the river bank & - Violations thereof may be administratively dealt with by Council
 outside the bed or channel or river - Rules & regulations shall take effect 15 days after publication in newspapers of
general circulation
CHAPTER VI CONSERVATION & PROTECTION OF WATERS & WATERSHEDS & RELATED LAND - May also approve rules & regulations prescribed by any govt agency that pertain to
RESOURCES utilization, exploitation, development control, conservation, or protection of water
Water pollution – the impairment of the quality of water beyond a certain standard resources
o standard may vary according to the use of the water as set by the Natl
Pollution Control Commission Research & Water Resources Development

- shall provide a continuing program for data collection, research & manpower  aggrieved party must file complaint with CFI pursuant to ROC
development need for appropriation, utilization, exploitation, conservation, and
protection of the water resources of the country Scope of Jurisdiction
- authorized to impose & collect reasonable fees or charges of water resources for - original jurisdiction over disputes involving appropriation, utilization, exploitation,
development from water appropriators development, control, conservation & protection of waters within the meaning &
o E: for purely domestic purpose context of the provisions of the WC
- Authorized to enter upon private lands - Council’s decision immediately executor
o Done only w/ previous notice to the owner o May only be suspended upon filing of a bond, amount of which fixed by
o for the purpose of conducting surveys, & hydrologic investigations, & to Council, in order to answer for the damages occasioned by the
perform such other acts necessary in carrying out their functions suspension or stay of execution
including the power to exercise the right of eminent domain o Decide within 60 days after matter is submitted by the parties for
decision or resolution
Approval of Projects o (In execution of decision) can issue writs of execution & have assistance
- programs or projects which involve the appropriation, utilization, exploitation, of local or nat’l police agencies
development, control, conservation, or protection of water resources must be o Appealable to CFI of province where the subject matter of controversy is
approved first by Council before executed situated
- exemption from approval is Council’s discretion  Filed w/in 15 days from date of receipt of copy of decision
- public consultation may be undertaken before certain water resources  Based on grounds: GAD, question of fact/ law
development projects can be implemented
- For approval of hydraulic structures’ plan & specifications al CHAPTER VIII PENAL PROVISIONS
o still subject to review by the gov’t agency whose functions cover the type - Provides for penal sanctions & periods when such actions would prescribe
of project for which structure is intended - Art 90: sanctions acts of non-compliance w/ the Council’s authorized regulations
o recommendation submitted to Council for final decision on approval o Punishable by suspension or revocation of the violator’s water permit or
o approval whether the plans conform based on requirements of WC & other right to the use of the water & or the fine of not exceeding P1k
rules & regulations promulgated by the Council - Art 91: enumeration of acts that may arise put of illegal use of public waters
o even if approved, engineers & constructors who planned & built the
structures are not exempt from liability for damages arising from failure CHAPTER IX TRANSITORY & FINAL PROVISIONS
of plan or structures due to defect in plan construction
 action to make them liable should be filed within 10 years from
RIPARIAN OWNERS
the completion of the structure
 action to recover such damages must be brought within 5 years
from such failure Yates v. Milwaukee definition:
 A Riparian Proprietor
Quasi-Judicial Powers 1. one whose land is bounded by navigable stream
- has authority to investigate & decide cases in its jurisdiction 2. has certain rights and correlative duties to the land and adjoining body of
- its or its duly authorized representatives’ powers range from administering oath to water involved.
compelling attendance of witnesses  Riparian RIGHT = drawn from the full dominion over the
- can issue subpoenas & subpoena duces tecum owner’s property lying alongside of the river
o non-compliance to such issuances would be punished inn the same
manner as indirect of an inferior court

3. entitled to ownership over the deposit of soil that he gradually receives Yates v. Milwaukee:
due to the current flow of the navigable stream adjoining his land - The right of the riparian owner over the submerged land is at all times subordinate
4. IMPORTANT: ascertain the boundaries of one’s property to determine to the public right of navigation. However, the riparian owner is not left without
the corresponding rights over the deposits accruing. any remedy as he is entitled to just compensation.
Potomac steamboat co v. steamboat co: ART. 457. ALLUVIUM

- owner of land fronting the river is not considered as a riparian owner if such land is - To the land owners adjoining the bank of rivers belong the accretion which they
separated by a street from such river. gradually receive from the effects of the current of waters.
- Owner must take not of the boundaries of his land. If it has a water boundary, he is
a riparian owner entitled to riparian rights, but if it is bound on all sides by the land, Ferrer v. Bautista Definition of Alluvium:
he cannot be held as riparian owner. - Soil deposited or added to the lands adjoining the bank of rivers, gradually received
as an effect of the current of waters.
Sturr v. Beck
- Riparian proprietor of land bordering upon a running stream to the benefit derived  REQUISITES of Accretion:
from the flow of its waters is a natural incident to, or one of the elements of his 1. The deposit is gradual and imperceptible
estate, and that it cannot be lawfully diverted against his consent. 2. Results from the effects of the current of water, and
3. Land where accretion takes place is adjacent to the riverbank.
Riparian LAND
- A.k.a Fast land, Upland. - Riparian owner obtains right and title to soil formed by accretions, exclusively.
- Land bounded by or fronting a navigable stream o No need for him to perform acts of possession before he be considered
- It is such raised ground or soil beside a river that is apparent to the naked eye. the soil deposit’s owner. Ownership is vested AUTOMATICALLY.
- Title is: ABSOLUTE, FULL or COMPLETE, riparian owner has absolute disposal
o Title is technical or qualified because it is subordinate to the public right o BUT, alluvial deposit is not automatically registered land simply because
of navigation. the lot which receives this accretion is covered by Torrens title.
o Owner has protection against third parties but not to the absolute power
of the Congress over the improvement of navigable waters. o Ownership over the accretion is GOVERNED BY THE CIVIL CODE.
o  Automatic ownership once the deposit of soil can be seen.
- Include:  Failure to register the acquired alluvial deposit by accretion
o Submerged land: bed of the river opposite its upland subjects accretion to acquisition through prescription by third
 Coverage: river bank to the middle thread of the stream persons.
*Title over the submerged land is not full and complete as State has greater power of control ART. 459. AVULSION
to the navigable stream. - CODE definition: Process whereby the current of river, creek, or torrent segregates
from an estate on its bank a known portion of land and transfers it to another
*In effect, the title is in a CONCEPT OF A USUFRUCT. Owner can build dams or any structure estate.
but if state determines such is an obstruction then the state may require its removal and - Another def’n: removal of a considerable quantity of earth upon or annexation to
forbid the use of the river bed. the land of another, suddenly and by perceptible action of the water.
- Riparian owner enjoys right to use the submerged land and right to its fruits but
does not have the absolute right of disposal. ALLUVIUM AVULSION
- Accretion is gradual - Accretion is identifiable at once.

- Accretion is retained by the owner 1. Domestic

from which the land was removed. 2. Municipal
3. Irrigation
WATER CODE: ART. 58. SUDDEN CHANGE in the River’s course 4. Power generation
- Previous owners of the new bed shall be considered as the owners of the old or 5. Fisheries
abandoned bed once the river suddenly changes its course. 6. Livestock Raising
7. Industrial
- Same mandate with ART. 461 of CIVIL CODE: river beds which are abandoned 8. Recreational, and
through the natural change in the course of the waters IPSO FACTO belong to the 9. Other purposes
owners whose lands are occupied by the new course in proportion to the area lost.
- Riparian owner must not prejudice the rights of other riparian owners and the
- REQUISITES of Change of river’s course: public in general.
o He has rights to the use of the river to the extent beneficial to him and
his riparian land for any legitimate purpose.
1. Change must be sudden (by natural means and not artificial)
2. Changing course must be more or less permanent. o If he uses the water for consumption,
3. Complete abandonment by the government  he may not use more than his reasonable share
a. If the government seeks to restore the river to its old bed, then the  Not pollute the water
owners of the land affected can no longer claim ownership over the  Water he did not consume must be returned to the stream
old river bed before it passes his land
4. River must continue to exist ( river did not dry up or completely disappear) - Related provisions:
o ART. 510 of CIVIL CODE: riparian owner must not prejudice the rights of
- Difference of water code and civil code provision: Water code specifically states the owners of the lower estates
that the owners of the affected lands cannot compel the governmen to reinstate o ART. 51 of the Water Code: Zones subject to the easement of public use
the river to its former bed. (recreation, navigation, floatage, fishing and salvage)
 3 meters in urban areas
- Owners bear the expense if they want to revert the river to its former course. The  30 meters in agricultural areas
law allows this but permission from the proper government agency must first be  40 meters in forest areas
obtained.  No person is allowed to stay in this zone longer that what is
necessary for the aforementioned purposes or build structures
- Remedy to two or more owners affected by the new course of the river: of any kind.
o Old bed shall belong to them in PROPORTION to the area lost by them
- Franchise or concession of the water right must be obtained first before the use of
- Why the old bed is not granted to the adjoining riparian owner? water in Art.10 is allowed.
o Code commission says that the purpose of the law is to COMPENSATE for o Power generation – approval by the Congress must first be obtained.
the LOSS of the land occupied by the new bed. o Irrigation – procedures set forth by the Irrigation law must first be
o More equitable to compensate the actual losers than to add to those complied with.
who lost nothing.
WATER CODE: ART. 10. Appropriation of water for the following purposes:

o Brought about by the successive accumulation of alluvial deposits in non-

RIVERS
navigable and non-floatable rivers
Definition: a large natural stream of water emptying into an ocean, lake or other body of 2. Private River as defined in Art. 502 of the Civil Code:
water and usually fed along its course by converging tributaries. - Waters that rise continuously or intermittently on lands belonging to private
- Phil. SC broadened the definition to include the river banks and bed. persons from the moment they leave such lands are of public dominion.
• Public ownership of river is reflected through various laws:

o Roman law: “running water is common to mankind”
Parts of the River:
o French law: “public things, the use of which is common to all”
1. Bed- where the river lies
o US law: public streams are owned by the State and held in trust for the
2. Running water/Stream- surface drainage where the erratic flow of current is seen
people ( Public Trust doctrine)
3. Bank – limits the waters to a natural channel, if and when, they rise.
 The state acts as juridical representative and holding the
property for them.
TYPES of river:
Ensminger v. People:
1. Public River
- Riparian ownership besides a non-navigable stream extends to the center thread of
a. Navigable rivers – in its natural state, affords a channel for useful
such.
commerce and not such as is only sufficient to float a banca or canoe.
- Even if the river is non-navigable, the riparian owner has the exclusive use of the
i. REQUISITES:
area extending to the low-water mark unless such area is expressly made the
1. Waterway is susceptible for transportation of people
subject of some kind of servitude
and goods
- Rights of the public to the use of rives is thus limited to their waters and beds.
2. Usable in customary modes of trade and travel on
- Abridgment of such right is remedied by just compensation.
water
3. Water must be navigable in their natural and ordinary
condition
4. Water flows and re-flows with the tide. POSSESSION
b. Non-navigable rivers – naturally unfit for public use and neither flows nor Possession and Kinds Thereof
reflow with the tide ART 523. Possession – holding of a thing or the enjoyment of a right whether by material
occupation or by the fact that the thing or right is subjected to the action of your will
• Navigability is more of a question of fact than of law.
o Peyroux v. Howard: ebb and flow of the river need not be strictly Prof’s Lecture:
construed. It is enough that the tide has such an effect on the current Possession – a relation of power and control effective of a person over a thing
that it causes a rise and fall of the water. - Independent of ownership
- One does not have to be an owner to acquire possession of a property
- Art 464, Civil Code: State owns the islands formed:
o on the seas within the jurisdiction of the Philippines - always include the idea of occupation
o navigable and floatable rivers o E: Art 537 – “Acts merely tolerated, and those clandestinely and without
knowledge of the possessor of a thing, or by violence, do not affect
- Art. 465. Riparian ownership of islands: possession.”

- Detention or enjoyment of a thing or right which a man holds or exercises in his 2) Voluntary – in cases of agents or administrators appointed by the owner or
name possessor
- 2 things REQUIRED:
1) Occupancy, apprehension or taking ART. 525. *Possession of things or rights may be had in 1 of 2 concepts:
2) An intent to posses (animus possidendi) 1) In concept of owner
2) In that of the holder of the thing or right to keep or enjoy it, ownership pertaining to
Prof’s Lecture: an owner
To be a possessor in legal sense
- There ought to be a THING coupled with intent to POSSESS When possessor mere holder/ not in concept of owner
o W/o thing, there is nothing to possess - Holder acknowledges in another person a superior right, ownership (whether his
o Material occupation or mere holding not enough – necessary for intent to belief be right or wrong)
possess as one’s own - Thus, possible that one person exercises in the concept of holder while another as
owner
Constructive possession – possession is under title calling for the whole
- Actual possession of a part of a property is deemed to extend to the whole, as When possessor in concept of owner
shown by limits or boundaries described in the title - May be owner himself/ or one who claims to be so
- Concept: opinion of others, belief of others
Degrees of Possession: Possession…
1) w/o title, Mere holding Effects of Possession in Concept of Owner
2) w/ juridical title but not that of ownership 1) Possession is converted into ownership by the lapse of time necessary for
3) w/ a just title or a title sufficient to transfer ownership but not from the true owner prescription
4) w/ a just title from the true owner 2) Possessor can bring all actions necessary to protect his possession, availing himself
of any action which an owner can bring
Classes of Possession: Possession… o E: accion reinvidicatoria
1) of owner and in concept of holder o Proper action: accion publiciana
2) by ownership & possession in the name of another 3) Possessor can ask for the inscription of his possession in the registry of property
3) in good faith & in bad faith 4) Possessor can demand fruits & damages (upon recovering possession from one
who has unlawfully deprived him of the property)
ART. 524. 5) Possessor can do everything that the law authorizes an owner to do
*Possession may be exercised:
1) in one’s own name 2) in that of another ART. 526.
- not necessary that the owner/ holder of the thing exercise personally the rights of *Possessor in GF: not aware that there exists in his title or mode of acquisition any flaw which
possession which may be exercised thru an agent invalidates it
*Possessor in BF: possesses anyway even if aware of such flaw
Types of Possession thru an Agent *May be a basis of GF: mistake upon a doubtful or difficult question
1) Necessary – exercised in behalf of:
a. A conceived child - Difference between GF & BF  manner of acquisition
b. Juridical persons (not sui juris)
c. Conjugal partnership by their respective representatives Possessor in GF:

- One who is unaware that there exists a flaw w/c invalidates his acquisition of the o tradition brevi manu – exists when a person who possessed property not
thing as an owner, now possesses it as an owner
o GF: possessor’s belief that the person from whom he received a thing 2) By subjection to our will w/c includes:
was the owner of the same thing & could convey his title o Traditio longa manu – delivery by consent or mere pointing
Possessor in BF: o Traditio simbolica – effected by delivering some object or symbol placing
- One in possession of property knowing that his title is defective the thing under the control of the transferee
o Only personal knowledge in one title or mode of acquisition can make 3) By constructive possession or proper acts and legal formalities
him a possessor in BF
o BF is not transmissible from 1 person to another even to heirs Elements of acquisition of possession (must concur):
1) Corpus – material holding of the thing
ART. 527. *GF always presumed; burden of proof on possessor alleging BF 2) Animus - intent to possess it
- Not necessarily says GF exists, but that it is presumed to exist
Occupation – acquiring possession but not rights
ART. 528. When GF ceases - Kind of possession acquired is only possession as a fact but not legal right
- Possession ceases to be in GF from the moment defects in the title is made known possession (w/c may be under title of ownership)
to possessor by extraneous evidence, by suit/ recovery of property by true owner
- GF ceases from the date of summons to appear at the trial for an action to recover ART. 532.
possession *Possession may be acquired by:
o If date of summons not on record  dare of answer will be adopted 1) The same person who is to enjoy it
2) His legal representative
ART. 529. Continuity of enjoyment of possession 3) Any person w/o any power whatever
*presumption: possession continues to be enjoyed in the same character in which it was o In this case, possession shall not be considered as acquired until the
acquired person in whose name the act of possession was executed has ratified the
- unless contrary proved same
 w/o prejudice to the juridical consequences of negotiorum
ART. 530. *Object of possession: only things and rights susceptible of appropriation gestio
- Susceptible of prescription: all thins w/in the commerce of man
o There are more things w/c can be object of possession than can be object Elements of Personal Acquisition
of prescription 1) must have the capacity to acquire possession
o Not all things that can be appropriated can be object of prescription 2) must have intent to possess
3) possibility to acquire possession must be present
Acquisition of Possession
Elements of Acquisition through Another
ART. 531. How Possession is Acquired 1) The rep or agent has intention to acquire the thing or exercise the right for
1) By material occupation (detention) of a thing another, & not for himself
Or by exercise of a right (quasi-possesion) w/c includes: 2) The person for whom the thing has been acquired or the right for another
o consitutom possessorium – exists when a person who possessed property exercised, has the intention of possessing such thing, or possessing such right
as an owner, now possesses it in some other capacity, as that of lease or o Agency – most usual form to acquire for possession for another
depositary  Under such authorization, principal acquires the possession
from the moment the agent holds the thing for the former

 Negotiorium gestio - unauthorized representation when one - When one believes that he has an action or right to deprive another of holding a
person voluntarily manages the affairs of another thing and a holder refuses to deliver
o must invoke the aid of court
ART. 533.
*Presumption: possession of hereditary property deemed transmitted to heir Possession cannot be acquired through:
- w/o interruption & 1) Force or intimidation as long as a possessor objects thereto
- from the moment of death of decedent 2) Mere tolerance (permission)
- in case inheritance is accepted 3) Clandestine, secret possession
 one who validly renounces an inheritance is deemed to
never to have possessed the same ART. 537. *The following do not affect possession:
1) Acts merely tolerated
- Succession mortis causa 2) Acts executed clandestinely & w/o knowledge of the possessor of a thing
- If the heir ACCEPTS heirs acquire possession from the moment of death since there 3) By violence
is no interruption
- If the heir REFUSES/ incapacitated to inherit, he is deemed never to have possessed Tolerance – permitted; differs from abandonment and negligence
the same. - Where a person occupies another’s land with latter’s permission (or tolerance), the
occupier, no matter how long may have remain, can NEVER acquire ownership,
ART. 534. *One who succeeds by hereditary title shall not suffer the consequences of because he never had possession
wrongful possession of the decedent - vs. Abandonment: If an owner abandons, as when the proper period for
 If heir is not aware of the flaws affecting it prescription, he brings no action, the possession of another will ripen into
 But effects of possession in GF shall benefit successor only from the date of death of ownership
the decedent - vs. Negligence: silence or inaction
- BF is personal and intransmissible ART. 538. POSSESSION AS A FACT

o Effects of which must therefore be suffered only by the person in BF, his - applies to preference of possession (involving real or personal property)
heirs should not be affected
- GF can only benefit the person who has it *GR: Possession as a fact can’t be recognized at the same time in 2 different personalities
o GF of heir can’t erase the effects of the BF of his predecessor E:
- co-possession
ART. 535. *Minors & incapacitated persons may acquire possession of things - possession in different concepts or different degrees
 But they need assistance of legal rep in order to exercise the rights which from the
possession arise in their favor If a question arises/ conflict or dispute regarding fact of possession
 present possessor preferred
- Refers to possession of things only, not possession of rights
If both are present
Incapacitated – insane, lunatic, no capacity to act (deaf-mutes who cannot read & write, o one longer in possession (if there are 2 possessors)
spendthrifts, those under civil interdiction)
If dates of possession are the same/ both possess at the same time
ART. 536. *Possession may not be acquired thru force or intimidation as long as there is a  the one who presents (or has) title
possessor who objects thereto

If both present a title - Even the owner cannot forcibly eject the possessor
o thing shall be placed in judicial deposit pending determination of its - Owner must still go thru judicial process
possession or ownership through proper proceedings; the court shall
determine Requisite for the Issuance of Writ
Effects of Possession 1) In forcible entry cases (in original court) – file w/in 10 days from the time the
ART. 539. complaint is filed (not from the time dispossession took place)
1) Right of a person to be respected in his possession 2) In ejectment (unlawful detainer cases) in the RTC or CA – file w/in 10 days from
2) Protection in said right or restoration to said possession thru legal means time appeal is perfected
If deprived of possession thru forcible entry Note:

a. w/in 10 days from filing complaint present motion to secure from court a - If possession of the one who forcibly entered exceeds 10 days, the injunction
writ of prelim mandatory injunction to restore him in his possession would no longer be available
b. court shall decide in 30 days o Possession has already stabilized
o Remedy: Rule 70 Forcible Entry or Unlawful Detainer
Prof’s lecture: - Purpose of preliminary mandatory injunction: hasten the process of ejecting the
“By force” – not necessarily mean harm or physical force person who forcibly entered into the property, but no prohibition or bar for using
- act of entering the property and excluding the person therefrom from entering the Rule 70
property - Rule 70
o can only be used from 1 day to 1 year from forcible entry
Specific Right to be Respected in Possession o after the period, remedy is: accion publiciana or reinvindicatoria
- every possessor protected whether in concept of an owner or in concept of holder - court would not accept petition for preliminary mandatory injunction without
- reason: possession is very similar to ownership (modifies ownership) certification from Katarungan Pambarangay that the parties went thru mediation
- possession almost invariably gives rise to presumption that possessor is owner
ART. 540. *Only possession acquired and enjoyed IN CONCEPT OF AN OWNER can serve as
Legal Means for Restoration of Possession title for acquiring dominion.
- to prevent spoliation or disregard to public order
- to prevent deprivation of property w/o due process of law - To consolidate title by prescription, possession must be:
- to prevent a person from taking the law into his own hands o Under the claim of ownership
o Peaceful, public, uninhabited
Writ of Preliminary Mandatory Injunction - It is only conviction of ownership, externally manifested, which generates
GR: injunction can’t substitute for another, actions to recover possession ownership
- the possessor has in his favor the presumption of rightful possession, at least until
the case is finally decided Prof’s lecture:
E: usurpation *One must know of no flaw in his title.
 Where allows, in the meantime, the “writ of preliminary mandatory injunction”
because there are present prolonged litigations between the owner and usurper, GR: One who holds merely in trust cannot become the owner thru prescription
and the former is frequently deprived of his possession even when he has an E: if there is repudiation of trust
immediate right thereto
ART. 541. LEGAL PRESUMPTION AS TO CONCEPT OF OWNER
Prof’s lecture:

*Legal Presumption: Possessor in concept of owner possesses with a just title and he cannot 3) Putative Title Titulo Putativo – title where although a person who believes himself
be obliged to prove it to be the owner, he nonetheless is not, bec. there was no mode of acquiring
ownership
- Possession is presumed ownership unless contrary is proved.
ART. 542. PRESUMPTION WRT TO REAL PROPERTY
2 Requirements to raise disputable presumption of a thing or right *The possession of real property presumes that of the movables therein, so long as it iis
1) Actual possession (actual/ constructive) shown or proved that they should be excluded.
2) Possession in concept of owner
- Refers to all kinds of possession (in concept of owner or not, in GF or BF, or in one’s
own name or in another’s)
- But refers only to possession of things, not to rights
Just title in POSSESSION Just title in PRESCRIPTION
a) Just title is presumed a) just title must be proved ART. 543.
b) Just title – titulo rerdadero y valido b) titulo Colorado (merely colorable title *Each one of the participants of a thing possessed in common
(true & valid title sufficient to although there was a mode of transferring  deemed to have exclusively possessed the part w/c may be allotted to him upon
transfer ownership) ownership, the grantor was not the owner) division thereof, for the entire period during w/c the co-possession lasted
*Interruption in the possession in common
Prof’s Lecture:  shall be to the prejudice of all possessors
Art 433 Art 541 Art 1131  E: in civil interruption  ROC applies
Actual possession under - possession would - For purposes of
claim of ownership raises only give rise to prescription, title - Article does not establish a mere presumption
disputable presumption of legal presumption must be proved - Gives right
ownership. The true owner that one has just
must resort to judicial title ART. 544.
process for the recovery of *Possessor in GF is entitled to the fruits received BEFORE possession is legally interrupted
the property. - w/c he is not *Natural & industrial fruits – considered received from the time they are gathered or severed
- Possession gives obliged to prove *Civil fruits- deemed to accrue daily and belong to the possessor in GF in that proportion
rise to the
presumption of 1) The fruits received are generally used for the consumption & the livelihood of the
ownership possessor, & his life & expenses may have been regulated in view of such fruits
2) The owner has been negligent in not discovering or contesting the possession of
*If one aspires to be an owner  he must prove title the possessor
*If he is merely in peaceful possession of the thing  not obliged to prove title 3) Between the owner, who has abandoned his property and left it unproductive, and
the possessor, who has contributed to the social wealth by the fruits he has
Kinds of Titles produced, the law favors the latter
1) True and Valid Title (Titulo Verdadero y Valido) – title w/c by itself is sufficient to
transfer ownership w/o necessity of lapse of prescriptive period - GF ceases when possessor becomes aware of the grounds in support of an adverse
2) Colorable title (Titulo Colorado) – title where a mode of transferring ownership, still contention
something is wrong, bec. grantor is not the owner - Legal interruption of possession in GF takes place when action is filed against the
possessor

*should possessor refuse to accept, he shall lose right to be indemnified in any other manner
ART. 545. PENDING FRUITS, NATURAL & INDUSTRIAL
Divided pro rata (accdg to time of possession):
- Expenses & net harvest of cultivation
- Charges (incurred bec of land & fruits and taxes, or interest on mortgage)
*owner of thing may give the possessor in GF right to finish the cultivation & net proceeds
ART. 546. 548. 549
Necessary expenses Useful expenses Luxury/ ornamental expenses Fruits
Gastos necessario – those w/o which the Gastos Utiles – those that add value to the -Add value to the thing only for certain
thing would physically deteriorate or be lost property or increase the object’s determinate persons wrt their whims
-Made in preservation of the thing productivity, or useful for the satisfaction -Neither essential for preservation nor useful to
-Imposed by existence of the thing & have of spiritual & religious yearnings everybody in general
no relation to the desire/ purpose of the
possessor
-Reimbursed whatever the juridical character
of the person who advanced them
In sum: Rights of Possessor in concept of an owner
If in GF: If in GF: If in GF: If in GF:
-entitled to refund -right to reimbursements -no right of refund or retention - gathered or severed or harvested fruits are his
-to retain the premises until paid -with right of retention until paid -can remove if no substantial injury caused own
- right of removal provided no substantial -owner has option to allow the possessor to -pending and ungathered fruits are pro-rated
damage or injury caused to principal remove or retain for himself the ornament by between possessor & owner of the expenses,
refunding the amount spent net harvest, charges
If in BF: If in BF: If in BF: If in BF:
-entitled to refund -not entitled to any right regarding useful -no right to refund or retention -return the value of the fruits already received &
-w/o any right of retention expenses -can remove if no substantial injury caused value of fruits w/c owner or legitimate
-owner option to allow the possessor to remove or possessor could have received w/ due care &
retain for himself the ornament by refunding the diligence, MINUS necessary expenses for
value at the time the owner enters into possession cultivation, gathering and harvesting, to prevent
owner from being unjustly enriched
- no rights at all over pending or ungathered
fruits
E: owner of the principal chooses to keep the improvement by paying the expenses incurred
ART. 547. or increase in value
*Possessor in GF *Possessor in BF
- no right to remove the useful improvements
GR: If useful improvement can be removed w/o injury to the principal thing, possessor in GF
may remove it, instead of asking for reimbursement for expenses incurred ART. 548. LUXURY EXPENSES

See table above *One who recovers possession shall not be obliged to pay for improvements which ceased to
exist @ the time he takes possession of the thing.
ART. 549. FRUITS
See table above - Necessary expenses are not considered improvements; if object for which they
were incurred no longer exists at the time of entry upon possession, the lawful
ART. 550. LITIGATION COSTS – borne by every possessor possessor or owner has to pay for them
- Not to the owner or the person adjudged by the court to be lawfully entitled to
possess ART. 554. PRESUMPTION OF POSSESSION DURING INTERMEDIATE PERIOD
*Present possess who shows his possession at some previous time
“every possessor”  presumed to have held possession also during the intermediate period in the absence of
- GF or BF proof to contrary
- In concept of owner or in concept of holder
- In one’s own name or un another ART. 555. POSSESSOR LOSES HIS POSSESSION BY:
Voluntary will or intent
ART. 551. IMPROVEMENTS CAUSED BY NATURE 1) Abandonment of the thing
- Inure to the benefit of the person who has succeeded in recovering possession 2) An assignment made to another either by onerous or gratuitous title
- Includes all natural accessions referred to by Art. 457 & 465 Against will of possessor
o Increase in value caused by construction of a railroad, road, or canal, 3) Destruction or total loss of the thing/ bec it goes out of commerce
widening of streets, rising of fountains of fresh or mineral water, 4) Possession of another (st. Art. 537), if the new possession has lasted longer than 1
increase of foliage of trees, etc. year (final judgment in favor of another with a better right, expropriation,
prescription in favor of another, recovery or reinvindication by legit owner or
ART. 552. possessor)
GR: Possessor in GF not liable for deterioration or loss of the thing possessed o But real right of possession is not lost till after lapse of 10 years
E: when proved that he has acted w/ fraudulent intent or negligence, after the judicial 5) When wild animals escape from possessor’s control (Art. 560)
summons
ART. 556. POSSESSION OF MOVABLES
- Possessor in GF is not liable for loss or deterioration BEFORE receipt of judicial *Movables not deemed lost as long as these remain under control of possessor, even though
summons for the time being he may not know their whereabouts
- After summons: Possessor in GF still not liable
o E: if there is fraudulent intent or negligence on his part
Control – juridical control or right, or that the thing remains in one’s patrimony
- Possessor in BF is always liable for loss or deterioration whether before or after
judicial summons, whether due to fortuitous event or not Possession over movables lost:
- If possessor has no idea at all about the whereabouts of the movable, even if it is
ART. 553. found or taken by another

Possession over movables is no lost: 3) If possessor had obtained goods because he was an innocent purchaser for value &
- When possessor more or less knows its general location not necessarily its precise holder of a negotiable document of title to the goods
or definite location
ART. 560. ANIMALS
ART. 557. POSSESSION OF IMMOVABLES (REAL PROP) & OF REAL RIGHT (easement/ usufruct) *Wild animals – possessed only while they are under one’s control
- GR: Not deemed lost, or transferred for the purposes of prescription to the *Domesticated or tamed – considered domestic or tame, if they retain the habit of returning
rd
prejudice of 3 persons to the premises of the possessor
- E: as provided in Mortgage Law and Land Registration Laws
3 Characteristics:
ART. 558 1) Wild – naturally independent of man
GR: Acts relating to possession, executed or agreed to by one who possesses a thing 2) Domesticated or tamed – accustomed to & recognizes authority of man
belonging to another as a mere holder to enjoy or keep it o Become wild again if they recover natural freedom; no longer w/in the
 do not bind or prejudice the owner sight & control of man
E: owner gives to holder express authority to do such acts, or ratifies them subsequently 3) Domestic or tame – born & reared under control & care of man
o Considered personal property
ART. 559. o Don’t become res nullius
GR:*Possession of movable property acquired in GF = title  E: abandoned by owner
*Nevertheless, one who lost any movable or has been lawfully deprived thereof, may
recover from the person in possession ART. 561.
E: Possessor of movable lost or w/c the owner has been unlawfully deprived has acquired it in One who recovers, accdg to law, possession unjustly lost
GF at a public sale  Deemed (for all purposes) w/c may redound to his benefit, to have enjoyed it w/o
 owner cannot obtain its return w/o reimbursing the price paid therefor interruption
Note: - Applies to both GF & BF possessors

If owner had lost property or been unlawfully deprived of it - Recovery of possession must have been thru means prescribed by law &
- Owner may recover w/o reimbursement from possessor in BF and in GF competent authority
If possessor acquired the object in GF at a public sale or auction

USUFRUCT
- Owner may recover but must reimburse
Owner cannot recover (even if offer reimbursement) (w/n owner had lost or been unlawfully ART. 562. USUFRUCT Definition/ Elements:
deprived): - Real right, of a temporary nature
1) If possessor acquired property in GF by purchase from merchant’s store, or in friars - Such right authorizes its holder to enjoy all the benefits which result from the
or markets in accordance w/ the Code of Commerce & special laws normal enjoyment or exploitation of another’s property
2) If owner by his acts, silence or negligence is estoped - with the obligation to return, at the designated time, either the same thing or in
special cases its equivalent.

- Includes: enjoy the thing at the same time) or

o JUS UTENDI = use of the object - Sucessive (usufructuaries would have to
o JUS FRUENDI = use of the fruits enjoy the thing one after the other.
As to the TERM PURE CONDITIONAL
Obligations of the Usufructuary:
1. Preserve the: ART. 565. RIGHTS and OBLIGATIONS of the Usufructuary
a. form = purpose the object was intended for by the owner
b. substance = material which makes up the object Governing RULES:
1. Stipulation of the Parties
Edgardo Paras’ formula to ascertain the meaning of usufruct: 2. In case of deficiency of (1.), applicable Civil Code provisions
- USUFRUCT = FULL Ownership – Naked Ownership. 3. In gratuitous usufruct = Laws on Donations
o Full ownership = naked ownership + usufruct 4. In inter vivos usufruct = Usufructuary is not liable for debts of the grantor
o Naked ownership = full ownership + usufruct
ART. 566. KINDS of FRUITS:
All properties including the rights can be the object of usufruct so long as the rights have 1. Natural
individual existence. 2. Industrial
-Consumable things = usufruct here can upon the value, quality or quantity. 3. Civil Fruits
*Hidden Treasure
> If found in Property which he has a usufruct = Usufructuary has no right to its enjoyment
ART. 563. SOURCES of Usufruct > If Usufructuary found the treasure = entitled to ½ of it as the finder.
- Usufruct can be constituted by
o Law Characteristics of the Usufructuary’s Rights:
o Will of Private Persons in acts inter vivos 1. Transferrable
o Will of Private Persons in a last will and testament 2. Assignable
o Prescription 3. Not exempted from execution
- Usufruct’s cause can be 4. Can be sold at public auction
o Legal 5. To bind third parties, rights of usufruct over real property must be duly registered.
o Voluntary 6. Limited to Fruits, and not cover the capital
o Mixed (legal and voluntary) a. Fruits = produced by the thing regular interval, without diminishing the
thing’s substance.
ART. 564. CLASSIFICATION of Usufruct: b. If products diminish the substance, such products are:
i. considered part of the capital, and
As to the thing TOTAL PARTIAL ii. Do not pertain to the Usufructuary
As to the usufructuaries SIMPLE MULTIPLE • Stock Dividends are civil fruits, not part of the capital
- Simultaneous (multiple usufructuaries can

ART. 567. RULES on NATURAL and INDUSTRIAL FRUITS 3. in the interest on bonds or
4. securities payable to bearer
At the beginning of the usufruct: 5.
 Gathered and ungathered fruits need not be reimbursed to the owner for the *IF benefits accrues from a participation in any industrial or commercial enterprise or the
expenses, without prejudice to the right of third persons. date of distribution is not fixed, such benefits shall have the same character.
> the above cases in (*) shall be distributed as civil fruits and applied in the manner
At the termination of the usufruct: prescribed in the preceding articles.
 Gathered and ungathered fruits belong to the owner
 The owner has the obligation to reimburse the Usufructuary for the ordinary ART. 571. Natural fruits/accessory.
cultivation expenses.
 Usufructuary gets the ungathered fruits if such fruits were ungathered due to: Atty. Robles: Accessory follows the Principal. Since the Usufructuary has the rights to enjoy
o Malice on the part of the owner the principal things, then s/he can also do so with the accessories.
o Through Force Majeur
ART. 572. USUFRUCTUARY CAN:
ART. 568. ON LEASE of the Property by USUFRUCTUARY towards another person - Enjoy the thing
- Lease the thing to another
- Lease made by the Usufructuary to another should terminate at the end of the - Alienate or encumber his right of usufruct, even by a gratuitous title
usufruct or earlier, except in leases of rural lands. -BUT all the contracts he may enter in such cases shall terminate once the usufruct
- On Rural Lands = usufruct ends earlier that the lease, the lease continues for the expires, except in rural lands (which subsists during the agricultural year)
remainder of the agricultural year.
rd
Usufructuary is responsible for the abuse that the 3 party involved in the contracts entered
ART. 569. CIVIL FRUITS into because such contracts does not affect the relationship of the owner and the
- Accrue daily usufructuary.
- Belong to Usufructuary in proportion to the naked owner and the Usufructuary.
- Usufructuary is entitled to receive fruits only up to the time the usufruct may last Usufruct is not affected in case of sale or mortgage of the property involved in such by the
or expiration of the usufruct. owner.
- Include:
o Rent Usufruct is terminated:
o Pension 1. by mortgage placed upon the property prior to the creation of the usufruct.
o Interest on bonds and stocks 2. By expropriation of the property in usufruct.
ART. 570. USUFRUCT constituted on the right to receive RENT OR PERIODICAL PENSION ART. 573. And 574. IMPERFECT USUFRUCT
- Payment due shall be considered as the proceeds or fruits of such right, whether in:
1. money or IMPERFECT Usufruct PERFECT Usufruct
2. in fruits, or  Things that’ll be useless if Usufructuary  Things are used and enjoyed without

does not consume or expend them or changing the substance or form  Usufructuary:
change their substance.  Ex. Tract of land. o can make useful improvements or expenses for mere pleasure so long as
 Transfers ownership of the property to  Usufructuary has a right to the profits he does NOT ALTER the FORM and SUBSTANCE.
the Usufructuary (so he can sell, and fruits derived from the property but o is not entitled for indemnity if he performs such improvements
consume or dispose of it) subject to the object must be restored at the o Should remove the improvements made if the removal does not cause
restoration of the property or its value to termination of the usufruct. damage to the property.
the owner upon termination of the  Usufructuary cannot be compelled by the owner to remove the improvements if
usufruct. the Usufructuary does not wish to do so.
ART. 575. FRUIT-BEARING TREES and SHRUBS  The Right to remove the improvements can only be enforced against the owner but
 Usufructuary here can make use of the dead trunks, even those uprooted or cut-off not to third parties, purchaser, in good faith to whom a clean title has been issued.
by accident BUT MUST REPLACE them with new plants. o
o (Generally) is not reimbursed by the owner for the improvements made
ART. 576. FRUIT-BEARING TREES and SHRUBS during CALAMITY though the owner also benefits from such.
 If due to calamity or extraordinary event, the trees and shrubs disappeared in a
considerable number which makes it impossible to replace them, the Usufructuary ART. 580. SETTING OFF THE IMPROVEMENTS (compensation of values and not of rights)
may leave it as it is at the disposal of the owner and demand the owner to remove  When there was an improvement made and a damage done to the usufruct by the
and clear the land. Usufructuary, the damage can be set off by the improvement.
 If damage exceeds the value of the improvement = Usufructuary pays the
ART. 577. In USUFRUCT of TIMBERLANDS, Usufructuary must: difference.
1. Manage the timberland as a prudent administrator  If the improvement (if can be removed without damage to the property) is greater
2. Follow the owner’s habits and custom of the place when cutting trees than the damage = the difference must be settled depending on the agreement of
3. Cut trees in a manner not to prejudice the preservation of the land. the parties
4. Make necessary thinning to nurse the proper growth of the trees  If the improvement (removed with damage to the property) = excess in value
5. Not cut down trees unless it is to restore or improve the usufruct and in such case accrues to the owner of the land.
must inform the owner of the necessity to do so.
Proceeds of the timber operations under the proper management of the Usufructuary, ART. 581. RIGHT OF THE OWNER TO ALIENATE USUFRUCT PROPERTY
belongs to him.  Only the owner can alienate the property subject of a usufruct, for he maintains
the JUS DISPONENDI or the power to alienate, encumber, transform, or even
ART. 578. ACTION TO RECOVER REAL or MOVABLE PROPERTY or REAL RIGHT destroy the same.
 May be the subject of the usufruct o Owner can alienate the usufruct PROVIDED IT IS NOT PREJUDICIAL to the
 If the Usufructuary wins the case, he would own the fruits, dominion still is with Usufructuary.
the naked owner. o Usufruct can continue despite the transfer of ownership and such
encumbrance should be annotated in the title of the property.
ART. 579. USEFUL IMPROVEMENTS

ART. 582. USUFRUCT of PROPERTY CO-OWNED 1. Owner may demand that:

 Usufructuary can exercise his rights pertaining to the owner with respect to the a. Immovables be placed under administration
administration and collection of fruits and interests b. Movables be sold
 If the co-ownership ceased due to the division of the property, the usufruct of the c. Public bonds, negotiable instruments be converted to registered
part allotted to the co-owner shall belong to the Usufructuary. certificates or deposited in a bank or public institution
d. Capital or Cash and proceeds of sale be invested in safe securities
ART. 583. OBLIGATIONS of the USUFRUCTUARY Prior to the USUFRUCT agreement: 2. Interests in (a), (b), (c) shall belong to the Usufructuary
1. After notice to the owner or legitimate rep., MAKE AN INVENTORY which contains: 3. Owner retains possession of (a) until Usufructuary gives security or is excused from
a. Appraisal of the movables so doing, subject to the obligation to deliver the net proceeds thereof to the
b. Description of the condition of the immovables Usufructuary after deducting the sums which may be agreed upon or judicially
2. GIVE SECURITY stating that he binds himself to fulfill his obligations under the Civil allowed him for such administration.
Code provisions in Usufruct.
This article grants a POTESTATIVE right to the owner of the property. Therefore the owner
*not conditions for the commencement but for the enjoyment of the property. Thus, despite may or may not exercise such right. Argentine code provides that failure to give notice of
inability to fulfill the said obligations, usufruct still exists but without right to enjoy the fruits inventory/security does not affect the rights of the Usufructuary to enjoy the property and its
and possession of the property. fruits but he may still be required to make the inventory.
*upon compliance with Art. 583, only then can the Usufructuary can enjoy and possess the ART. 587. CAUCION JURATORIA
property.  Is a petition granted by the Court when:
o the Usufructuary:
ART. 584. EXCEPTION to 583 (2). Obligations in such provision shall not apply to:  Has not given the security claims by virtue of a promise under
1. the donor who reserved the usufruct (no need of security since gratuitous) oath
2. Parents who are usufructuaries of their children’s property  Delivery of the furniture necessary for his use
nd
a. EXCEPTION to the EXCEPTION: when parent/s contract 2 marriage  Requests the he and his family be allowed to live in a house
included in the usufruct.
ART. 585. NO NEED OF INVENTORY or SECURITY when NO ONE WILL BE INJURED thereby.  Requests the usage of implements, tools and other immovable
properties necessary for his work, industry or vocation.
EXEMPTIONS to the NOTICE of INVENTORY or SECURITY:
1. Where owner waives the right to such inventory and security  The owner can demand delivery of the “borrowed” properties or things upon his
2. Where the title constituting the usufruct exempts the Usufructuary from any or giving a security for the payment of the legal interest on their appraised value
both of these obligations; when he does not wish that the articles be sold due to the things’ artistic worth or
3. Where the Usufructuary asks to be relieved from these obligations and no one will sentimental value.
be injured in any way under Art. 585.
 Usufructuary cannot alienate his right or lease to the property because such is
ART. 586. EFFECT OF FAILURE TO GIVE NOTICE OF INVENTORY/SECURITY contrary to his oath that he needs the dwelling or implements and furniture.

usufruct, 602
ART. 588. EFFECT of GIVING SECURITY IS RETROACTIVE since the time when he should have
begun to receive them. ART. 592. ORDINARY REPAIRS shouldered by the Usufructuary
 Fair trade of enjoyment of the property and shouldering the ordinary repairs
ART. 589. USUFRUCTUARY must exercise the DILIGENCE OF A GOOD FATHER of a family.  Requirements/(Definition) to be considered ordinary repairs
o Deterioration or defect arouse from the natural use of the thing
ART. 590. EFFECT of USUFRUCTUARY’s NEGLIGENCE o Repairs are necessary for the preservation of the thing
 He is liable for damages which the things in usufruct may suffer even through the  592 does not include:
fault or negligence of the person who substitutes him. o Deteriorations due to time and age contemplated in Art.573
o This article does not prejudice the right of the original Usufructuary to o Destruction or consumption of the thing by use found in Art. 574.
indemnify the lessee or the transferee for any damages that the former o Repairs made before the Usufruct was constituted
had to pay to the owner.  Owner shall bear the ordinary repair
 Renunciation of Usufruct by the Usufructuary
ART. 591. USUFRUCT on LIVESTOCK o Does not exempt the Usufructuary from liability for damages due to fault
or negligence.
YOUNG dies Usufructuary is obliged to replace the young/s which died by natural o If the defect existed before the renunciation, and due to the ordinary use
causes or by being eaten by beasts. of the thing, Usufructuary may be exempted to make the repairs and
return to the owner the fruits received during the time that the defects
ALL ANIMALS die If all the animals constituting the usufruct perished WITHOUT FAULT of took place.
the Usufructuary due to a contagious disease or uncommon event, s/he
must deliver to the owner all that was saved from the misfortune. ART. 593. EXTRAORDINARY REPAIRS: shouldered by the OWNER
 Usufructuary must notify the owner when the extraordinary repairs became
HERD in PART If perished, WITHOUT FAULT, Usufructuary shall continue to care and urgent. Failure to do so would mean an omission prejudicial to the interest of the
perished save the ones still alive. property.
 KINDS of Extraordinary repairs:
STERILE ANIMALS Considered as thought the usufruct is constituted on FUNGIBLE THINGS o Caused by exceptional circumstances (necessary or for preservation)
o Caused by natural use of the thing but not necessary for preservation
Responsibilities: ART. 594. OWNER can demand the return of the thing from the Usufructuary to accomplish
USUFRUCTUARY OWNER the extraordinary repairs.
 Ordinary Repairs, 592  Extraordinary Repairs, 593-94 o If Usufructuary shoulders such, he shall be entitled to indemnity
 Annual Charges& Taxes during  Taxes on Capital, 597  Indemnity shall be the increase in value of the thing due to the
usufruct, 596 repair made.
 Debts during the usufruct, 598 o If owner shoulders such, the owner has a right to demand legal interest in
 Liabilities in suit concerning the amount expended for the time the usufruct lasts.

ART. 595. RIGHT OF OWNER TO MAKE IMPROVEMENTS ART. 600. MORTGAGED IMMOVABLE: not a debt paid by Usufructuary
 Owner can construct works and improvement on the property so long as such acts  If immovable is attached or sold judicially to pay the existing debt, OWNER must
do not diminish the value of the property or are not prejudicial to the Usufructuary. pay the Usufructuary for whatever loss the latter incurred by reason of such
 Usufructuary is not bound to pay interest on the investment because the owner foreclosure.
made such improvements voluntarily.
ART. 601. NOTIFICATION to the OWNER Concerning third parties
rd
ART. 596. ANNUAL CHARGES and TAXES: paid by Usufructuary  Usufructuary has his own right of action against intruding 3 parties, nevertheless,
 Expenses over the fruits are shouldered by the Usufructuary until the usufruct lasts he must notify the owner of such intrusion
 These charges, for the FIRST and LAST years are to be divided between the usufruct  He is liable for non-notification, for damages
and the owner in proportion to the periods of possession.  Any injury to the property would also be an injury to the rights of the owner.
ART. 597. TAXES on the CAPITAL: paid by the owner. ART. 602. Expenses in SUIT: borne by Usufructuary.
 If Usufructuary pays such taxes, the owner must reimburse him before the  Such expenses, costs and liabilities in suits affect the rights of the Usufructuary.
termination of the usufruct.
ART. 603. EXTINGUISHMENT of the Usufruct:
ART. 598. DEBT on the USUFRUCT (usufruct is on an entire lot/property of the owner) 1. DEATH of Usufructuary, (unless contrary intentions clearly appears)
 Usufructuary pays the debts as it were present at the time of the usufruct’s 2. EXPIRATION of the period the usufruct is constituted
constitution. a. OR by FULFILLMENT of any resolutory condition in the usufruct’s title
 Usufruct also is liable to make periodical payments regarding such debts of the 3. MERGER
owner. 4. RENUNCIATION of the Usufructuary – voluntary and expressed act of surrendering
or abandoning of the rights of the Usufructuary. (no need of owner’s consent)
ART. 599. MATURED CREDITS (forms part of the usufruct) claimed by the Usufructuary 5. TOTAL LOSS of the thing in usufruct
 Can be claimed by him if he has given the proper security. 6. TERMINATION
o Security is needed to preserve the integrity if the capital in usufruct. 7. PRESCRIPTION (not mean non-use but use of a third person)
o Owner or COURT (if owner is in default) authorization is needed to collect
such credits when: On Death of the Usufructuary
st
 He has been excused from giving security 1 view: Manresa says the Usufruct subsists even after death of the Usufructuary when there
 He has been unable to give it, exists a resolutory condition because the will of the parties should be respected. Heirs in
 He gave an insufficient security behalf of the original Usufructuary would take over in the usufruct.
 Usufructuary can use the capital he got upon fulfilling the security needed in any
nd
way he deems it. 2 view: Supreme Court says usufruct is in favor of a natural person thus the usufruct is only
 If he has not given security: he must invest the credit obtained at interest upon good for the lifetime of the Usufructuary.
agreement with the owner
o If owner is in default, court authorization

rd
3 view: Tolentino says that usufruct subsists when there is a clear stipulation that such
would continue even after the usufructuary’s death. Without this stipulation, the usufruct is ART. 608. INSURANCE of the TENEMENT
necessarily extinguished.  NO matter what proportion, if the Usufructuary contributes in the insurance of the
tenement and the the building gets destroyed, Usufructuary continues to enjoy the
PERIOD OF THE USUFRUCT: shall be counted excluding the delay in the enjoyment not new building or gets the interest from the insurance if the owner doesn’t want to
imputable to the fault or negligence of the Usufructuary. Otherwise, the count would be rebuild it.
against the Usufructuary.  If Usufructuary does not want to contribute to the insurance
o Owner gets all the interests or proceeds from the insurance
ART. 604. If thing in usufruct is lost in part, the rights shall continue to exists as to the o REFUSAL MUST BE PROVEN
remaining parts. o If not proved, shared contribute is presumed and the succeeding effects
will be followed (e.g. Usufructuary enjoys the new building, etc)
ART. 605. USUFRUCT not allowed in favor of:  Deemed that both contributed but the Usufructuary would
 Town, corporation or association for more than 50 years reimburse the owner for the parts of the premiums
 If those above are extinguished before the usufruct’s expiration, the usufruct is corresponding to his shares.
extinguished for those same reasons.
ART. 609. EXPROPRIATION of USUFRUCT FOR PUBLIC USE
ART. 606. Owner is shall be obliged to either:
GEN.RULE: USUFRUCT expiring before a third person attains a certain age will subsist during 1. Replace the property subject of the usufruct with another of the same value or
such period and will continue to subsist even if said person dies before the period expires. similar conditions, OR
2. Pay the Usufructuary legal interest as indemnity for the whole period of the
rd
EXCEPT: Usufruct is stipulated to exist only during such 3 person’s existence. usufruct.
o If (2) is chosen, owner shall give security for the payment of the interest.
ART. 607. USUFRUCT and the BUILDING
ART. 610. BAD USE WON’T EXTINGUISH the USUFRUCT
 USUFRUCT and the Building ATTACHED to it.  EXCEPT if the bad use or abuse should cause considerable injury to the owner.
o If the building gets destroyed, Usufructuary can make is of the land and o In such case, the owner may demand the return of the thing and bind
the materials in whatsoever manner. himself to pay annually to the Usufructuary the net proceeds of the same
after deducting the expenses, compensation which would be used for the
 BUILDING and the Usufruct ATTACHED only to the building. administration.
o If building is destroyed, can use also in whatever manner  If there is sufficient security, bad use may not injure the owner.
o Can construct another building and the Usufructuary can:  COURTS shall determine the existence of the “considerable injury”. Remedy under
 have a right to occupy the land this article will not extinguish the usufruct.
 make use of the materials
 Get interest upon the sum equivalent to the value of the land ART. 611. Usufruct extinguished until the death of the last survivor (when usufruct is
and of the materials. constituted in favor of several usufructuaries living at the time of its constitution)

ART. 612. RETURN of the THING AFTER TERMINATION of USUFRUCT.

 Thing in usufruct shall be delivered to the owner BUT the Usufructuary or his heirs
may retain in his possession the thing until he is reimbursed for taxes and
extraordinary expenses

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PROPERTY MIDTERM REVIEWER Atty.

Right to Property – 1987 Philippine Constitution What constitutes property?

Right to property In order for a thing to be considered as property, it must have:

Claudio, Cortina, Sarines (2A SY 2009-2010) Page 1 of 46

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2. Fertilizer actually used on a piece of land (par. 7) By special provision

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Other properties of “similar character” under par. 1(e)

2. Collective ownership is in the social group Patrimonial Property

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Art. 422 – Conversion of property of public dominion to patrimonial property

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Art. 426 – Provisions common to three preceeding chapters

An owner has the following rights:

Possession 2. Unlawful detainer

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Art. 429 – Doctrine/Principle of Self-Help Art. 435 – Power of eminent domain

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Situation General Rule Exception As to rights of the Builder:

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The Water Code of the Philippines

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thing belong to him be separated, even

Art. 469 Rule if both parties are in good faith

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Art. 486. LIMITS ON THE RIGHTS OF CO-OWNERSHIP Art. 487. EJECTMENT

Prof’s lecture: Art. 488. NECESSARY EXPENSES CONTRIBUTION

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Art. 492 RESOLUTION

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o Partition is not delivery or conveyance of the property

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- permits of a sale of the whole (auction/ purchase; either of personal or real

Art. 499. PARTITION OF THING OWNED IN COMMON

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E: • This requirement does not apply for appropriation for

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Legal Easement in Favor of the Gov’t Powers of the Council

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Potomac steamboat co v. steamboat co: ART. 457. ALLUVIUM

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- Accretion is retained by the owner 1. Domestic

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o Brought about by the successive accumulation of alluvial deposits in non-

• Public ownership of river is reflected through various laws:

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- BF is personal and intransmissible ART. 538. POSSESSION AS A FACT

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If deprived of possession thru forcible entry Note:

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