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JDPRO | REVIEWER

THE CLASS In our legal system, there are numerous of conlflicts BUT THERE IS
ONLY ONE (1) ARBITER for that certain such as Judges, arbiter or
THE BATTLE interpreters of laws
“Before you enter into the battle, you have to know your enemies.”
But you can always test the interpretations of that officials
THINGS TO REMEMBER:
The beauty and ugliness of the law: If there are 1001 meanings, the
1) Speak Louder beholder can always interpret the way he wants it
2) Straight English or Straight Tagalog
3) Why? (Porque) But you should not interpret it thwith the way you want it to be. The ruling
“GOOD CHRISTIAN LAWYER” is of such, like in the class, is the ruling of the teacher
4) Extended Class
(a) Clarity (b) Grammar (c) Writing Style (4) Audibility You can interpret it 1001 ways but if you’re a lawyer, your interpretation
is dependent to your motive, but it is WRONG
FROM BIRTH TO DEATH
FROM INSERION TO RESURRECTION You should be a GOOD CHRISTIAN LAWYER – should find the closest
FROM BASKET TO CASKET interpretation and the best meaning that it should be – should know the
RIGHT INTERPRETATION
ATTENDANCE
In order to do this, you should have diff ways to do it
Newton’s First Law of Motion:
LAW OF INERTIA (2) DEFINITION of LAW (by Manresa)

“A thing remains until an external force changes it” LAW


Inertia is the tendency of an object to stay at rest or in motion. ►the science of moral rules, founded on the rational nature of man
which governs the freedom of activities, and so that everybody
An object at rest stays at rest and an object in motion stays in motion with can attain their individual and collective needs
the same speed and in the same direction unless acted upon by an
unbalanced force. ►arises from HUMAN EXPERIENCE and NEEDS in order to
ORGANIZE and to REMOVE and NOT to cause CONFLICT
Newton's first law states that an object will remain at rest or move at a constant
speed in a straight line unless it is acted on by an unbalanced force. Inertia comes (a) science – order
from mass. Objects with more mass have more inertia. (b) moral rule – good or bad
(c) rational – reason
“If a student is present most of the time, at least a lesson/topic retains in (d) freedom – not to abuse it
his memory by just listening to it” (e) individual and collective needs

a.) SCIENCE
 systematic body of knowledge
How does the law defines property?  system or “order”
 it begins through the scientific method (observe thru senses)
EXERCISES
b.) MORAL
What is the work of a lawyer → to ADVOCATE  tells you if a certain ything is good or bad
 you want other people to understand your client’s cause
 you can do this if you can impart the facts and the knowledge of the c.) RATIONAL NATURE
law to those who interpret thelaw  reason
 arises from HUMAN EXPERIENCE and NEEDS in order
(1) NO SMOKING to ORGANIZE and to REMOVE and NOT to cause CONFLICT

RULE : specific on how to get into a policy d.) FREE ACTIVITY


POLICY : direction  not to abuse it
PROHIBITION
ORDINANCE e.) INDIVIDUAL and COLLECTIVE NEEDS
REMINDER ex. NO SMOKING Ordinance
SIMPLE STATEMENT  Traffic Rules
ORDER ● all are important for those vehicle owners who want to pass
● one at a time
Different Perspectives ▬ two words with diff meanings
Different interpretations and diff meanings (3) THREE PHILOSOPHICAL LEVELES OF LAW

a. LESSON 1) WILL NOT – pwedeng hindi

It’s not about the diff meanings 2) DO NOT – hindi pwede (you’re in trouble if you will not follow)

The name of the law or the nature of law is SUBJECT TO A LOT OF 3) OUGHT NOT – dapat hindi
INTERPRETATIONS
***strongest pleasure he/she knows that the law is for the good of many

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JDPRO | REVIEWER
OBLIGATIONS AND CONTRACTS QUASI-DELICT

There is a right and an obligation because:  Art 2176. Whoever by act or omission causes damage to
 it is recognized by law another, there being fault or negligence, is obliged to pay for the damage
 juridical necessity or relation done. Such fault or negligence, if there is no pre-existing contractual
 it is a must – you have to relation between the parties, is called a quasi-delict and is governed by
the provisions of this Chapter.
What makes it recognizable by the law?  NEGLIGENCE
In case of non-compliance, there will be legal sanctions
Sources of Obligations
**bec in case of non-compliance, the courts of justice may be called upon to 1. Unjust Enrichment
enforce its fulfillment or, in default thereof, the economic calue that it represents. 2. Unilateral Declaration
3. Abuse Rights
**if an obli cannot be legally enforced, it may be only a NATURAL OBLI
When there is an obligaton, ONE SHOULD COMPLY
bec there are sources of obligation
JURIDICAL TIE / VINCULUM JURIS KINDS OF OBLIGATION

Sources of Obligation / Juridical Tie (1) Obli TO GIVE


 Law  obli to deliver the thing itself applying the prescribed care
 Contracts  DILIGENCE
 Quasi-Contracts (a) AGREEMENT
 Delicts (a) LAW
 Quasi-Delicts (a) DOAGFOAF (diligence of a good father of a familiy)

When will you know that there is an Obli / Right? DOAGFOAF


-- thru the law/sources of obli  degree of diligence required for the preservation of the thing in
each case, muist be determined by considereing all the concurrent
Slapping is the consideration? sircumstances
 merely agreement  place, time, person, date day
**not all contracts are agreement
BUT not all agreements are contracts Obligations are supposed to be complied with? YES
**meeting of the minds What if it is not complied with?
**If you have to deliver something, you also have to deliver all the fruits
Why does law has the force in contract? and accessory
Why does contract has the force of law?
 bec of the consent of the parties have given their consent (1) Obli TO DO
 performance of the obli
 when the thing is done, it can be undone
What if it is not done?
QUASI-CONTRACTS If you failed to fulfill your obli, there is a BREACH

 creation of law KINDS / MODES of BREACH


 bec of voluntary, unilateral (own volition), and lawful
(a) Fraud
 SOLUTION INDEBITTI (b) Negligence
 someone receives something to w/c he is not entitled to, shall (c) Delay
return the same to the rightful owner (d) Contravention of the tenor
 applies where (1) a payment is made when there exists no (e) Absolute non-performance
binding relation between the payor, who has no duty to pay, and the
person who received the payment; and (2) the payment is made through (a) FRAUD
mistake, and not through liberality or some other cause
 intentional evasion of the faithful performance of the obli
 NEGOTIORUM GESTIO  malicious & intentional failure to perform obli thru machinations
 inofficious manager
 unauthorized management NB: in commercials or advertisement – caveat emptor – buyer prevails.
 takes place when a person voluntarily takes charge of another’s These are mere trade exaggerations
abandoned business or property without the owner’s authority [Art. Caveat Emptor: Buyers purchase goods as is and have little or no
2144]. Reimbursement must be made to the gestor (i.e., one who carried recourse if those goods turn out to be defective.
out the business) for necessary and useful expenses, as a rule
 fraud is the deliberate intention to cause or prejudice, the
voluntary exertion of a wrongful act or willful omission, knowing the
wrong
DELICT
(b) NEGLIGENCE
Why is it a source of Obligation?
 one who is criminally liable is also civilly liable (Art 100, RPC) 1. Culpa Aquilana
 the right violated is a public one 2. Culpa Contractual
 it disturbs the public order 3. Culpa Criminal
 there is injury
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JDPRO | REVIEWER
Test of Negligence: Did the defendant in doing the allegednegligent act Cessation of the Effects of Mora:
use the reasonable care andcaution, which an ordinary and prudent (1) Express or implied renunciation by thecreditor;
personwould have used in the same situation? If not,then he is guilty of (2) Prescription.
negligence.
What if there is a BREACH? There should be REMEDIES
(c) DELAY
PRINCIPAL REMEDIES:
There is delay even if there is no demand yet but such is not yet guilty of
default. (1) SPECIFIC PERFORMANCE – since obli is supposed to be
performed
KINDS of DELAY (2) RESCISSION – get rid of all the obli and rights
(3) DAMAGES – (1) injury sustained and/or (2) pymt of the injury
(1) MORA SOLVENDI – Delay on the part of the debtorto fulfill his obli sustained
either to give (ex re; Real Ob) or todo (ex persona; Personal Ob).
(d) CONTRAVENTION OF TENOR
Requisites:
1. Obligation must be liquidated, due anddemandable This refers to a violation of the terms andconditions stipulated in the
2. Non-performance by the debtor within theperiod agreed upon obligation, whichmust not be due to a fortuitous event or forcemajeure.
3. Demand, judicial or extra-judicial, by thecreditor, unless demand is not [De Leon]
necessary under the circumstances enumerated inArt 1169 par (2).
“In any manner contravenes the tenor” means any illicit act, which
There is no mora solvendi in: impairs the strict andfaithful fulfillment of the obligation, or everykind of
defective performance. [Tolentino]
a) Negative obligations because delay isimpossible [De Leon]
b) Natural obligations [Tolentino] When you did not fulfill what is agreed:

Effects: PRINCIPAL REMEDIES → Specific Perforamance first before


1. The debtor is liable for damages. [Art.1170] rescission
2. For determinate objects, the debtor shallbear the risk of loss, even
if the loss is dueto fortuitous events. Everytime you cannot perform, you are already guilty of breach?
NO. Presence of fotuitous event
***demand is not necessary in all instances
SECONDARY REMEDIES:
a. when it is agreed by the parties
b. when demand is useless (1) Accion Subrogatoria – to be subrogated by all the rights
c. when time is the essence and actions of the debtor save which are inherent in his
d. in reciprocal obligations person
(2) Accion Pauliana – creditor files an action in court for the
(2) MORA ACCIPIENDI – Delay on the part of thecreditor to accept the rescission of acts or contracts entered into by the debtor
performance of theobligation designed to defraud the former

Requisites:
(1) Debtor offers performance.
(2) Offer must be in compliance with theprestation as it should be NOT LIABLE FOR BREACH:
performed.
(3) Creditor refuses performance without justcause. (1) Fortuitous event – occurrence or happening which could not be
foreseen, or even if foreseen is inevitable
Effects:
(1) The responsibility of the debtor is reducedto fraud and gross GR: due to FE, NOT GUILTY of breach
negligence.
(2) The debtor is exempted from risk of lossof the thing, which is borne EXC: (a) expressly stipulated that he shall be liable
by thecreditor. (b) provided by law
(3) The expenses incurred by the debtor forthe preservation of the thing (c) obligor is in delay
after themora shall be chargeable to the creditor. (d) assumption of risk (insurance)
(4) If the obligation bears interest, the debtordoes not have to pay from (e) when the obligor is guilty of fraud, negligence, or delay,
the time ofdelay. COTTOTO
(5) The creditor is liable for damages. (6) when there is a promise
(6) The debtor may relieve himself of theobligation by consigning the (7) Act of God cannot be invoked to protect a person who has
thing. failed to take steps to forestall
(8) when the object is a generic thing, i.e. the genus never
(3) COMPENSATIO MORAE – Delay of both parties in reciprocal perishes Note: ‘Genus nunquam perit’ only pertains to physical perishing. The
obligations. genus may stillperish legally. [Labitag notes]
(9) the obligation to deliver a specific thing arises from a crime [Art.
Effects: 1268]
1. Delay of the obligor cancels delay ofobligee (and vice versa) hence it
is as ifthere is no default. (2) Rebuc Sic Stantibus – when the circumstances change the contract
2. The liability of the first infractor shall beequitably tempered by the
courts. If itcannot be determined which of the partiesfirst violated the
contract, the same shallbe deemed extinguished, and each shallbear his
own damages. [Art. 1192]
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JDPRO | REVIEWER
KINDS of (CIVIL) OBLIGATION (1) Dation in Payment (dacion en pago) – there might be a bad
bargain depending on the circumstances
1. Pure Obligations (2) Consignation – important so that creditor will not be charged
for mora accipiendi
2. Conditional Obligations (3) Confusion/Merger – when a person becomes a creditor and
debtor of himself; – characteristics of D&C merge in one
(a) Suspensive Obli – happening of an event gives rise to the obli (4) Compensation
(b) Resolutory Obli – happening of which extinguishes rights and
obli already existing (EXC: Donation Propter Nuptias)

3. Obligation with a Period – there is time for the fulfillment of the obli OBLIGATIONS AND CONTRACTS
** “day certain” – one which must necessarily com ealthough it may not
Elements of Contract
be known when (ex. death) CONSENT – OBJECT – CAUSE/CONSIDERATION
KINDS of PERIOD Difference between CAUSE and MOTIVE
1. SUSPENSIVE obli
FOUR (4) DEFECTIVE CONTRACTS:
 there is aready an obligation but you are merely waiting for the
performance 1. RESCISSIBLE CONTRACT– This is valid until rescinded; there is a
 it extinguishes upon the arrival of the period sort of extrinsic defect consistingof economic damage or lesion.
GR: for the benefit of the debtor inadecuacy of consideration
EXC: (1) agreement 2. VOIDABLE CONTRACT– This is valid until annulled; it cannot be
(2) law annulled, however, if there has beenratification. The defect is more or
(3) circumstances of the obli, it favors one of the parties less intrinsic, as in the case of vitiated consent.
(4) the court will provide/determine for the pymt or to fix the period
3. UNENFORCEABLE CONTRACT– This contract cannot be sued
2. ALTERNATIVE obli upon or enforced unless it is ratified.In a way, it may be considered a
 one obli with diff prestation voidable contract, that is, it has no effect now, but it may be
 technically,  two obli: (1) rt to choose; (2) rt to perform effectiveupon ratification.
 two (2) RULES:
(1) FRENCH – go to court and compel debtor to choose 4. VOID CONTRACT– This is really inexistent or illegal. It has no effect
(2) GERMAN – demand the debtor for the fulfillment of one at all. It cannot be ratified orvalidated
4. Facultative – obligor is obliged to perform one prestation Absulotely Simulated
Relatively Simulated - mortgage
5. Obligation with a Penal Clause

6. Divisible Obli – prestation is capable of partial performance


CHARACTERISTICS:
Determination of divisibility or indivisibility:
(1) Agreement of the parties  Obligatory - the force of law between the contracting parties
(2) When the law allows compel them to perform under the threat of civil action or
(3) Nature/circumstances of the obli lawsuit.
7. Joint and Solidary Obli – pertains to the relationships of the debtor
 Autonomy - such stipulations, clauses, terms and conditions
and the creditor
are established by the contracting parties as they may deem
convenient, provided they are not contrary to law, morals, good
GR: if the law is silent, obli is presmed to be joint
customs, public order, or public policy.
EXC: (1) Agreement; (2) Law; (3) Nature and Circumstances of the obli

Why it is presumed to be joint? → it is burdensome if it is solidary


 Mutuality - the bind must involve both of the parties,so that the
validity or compliance of a contractcannot be left to the will of
JOINT: Debtor – liable to the pymt of the proportionate share of the debt only one of them.
Creditor – may demand only to the proportionate share of the obli
 Relativity - the effectivity is only between the parties, their
SOLIDARY – one in which debtor is liable for the entire obligation and assigns and heirs, except in case where the rights
to each creditor and obligations arising from the contract are not transmissible
by their nature, or by stipulation or by provision of law.
EXTINGUISHMENT OF OBLIGATION
 Consensuality - the mere consent that perfected
1. Payment / Performance the contract should bound the parties to the fulfillment of what
2. Loss of the thing due – when it: (1) perishes (2) goes out of commerce has been expressly stipulated, and all the consequences
Obli to do: if the act has been declared to be illegal or immoral which, according to their nature, may be in keeping with good
Obli not to do: when an obli is allowed to faith, usage and law. However, real contracts, such as deposit,
pledge and commodatum, are not perfected until the delivery
Special mode of payment: of the object of the obligation.

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JDPRO | REVIEWER
STAGES OF CONTRACT Illustration: Hair Faith
Idea → Intellectual Pro – ideas reduced in written form
 Preparatory or conception - process of formation through
bargaining or negotiation, which begins from the time the
prospective contracting parties manifest their interest in
the contract that leads to the perfection of the contract. Either KINDS of THINGS
party may stop the process or withdraw an offer made.
1. RES COMMUNES → common things
 Pefection or birth - process of arriving at a definite agreement → belongs to everybody / humanity
or meeting of the minds as to the elements of the contract, → cannot be appropriated in its entirety
particularly the essential ones (object and cause). → owned by everybody but cannot be owned by
anybody
 Consumption or death - the fulfillment of the
respective obligations of the parties under the contract,  Sun, Air, Ocean, Electricity, Oxygen
resulting to its accomplishment and extinguishment. Law of the Sea (EEZ) – Privilege

2. RES NULLIUS → may have no owner because it has NOT YET


APPROPRIATED or it has been loast/abandoned
→ susceptible of being possessed for the use of man

PROPERTY  Animals, Hidden Treasures, Lands

Who can be parties in an obligation and in rights 3. RES ALICUIUS → owned by somebody / another person

The actors in an obligation


SPECIAL LAWS:
PROPERTY
RA 349 – legalizes permission to use human organs or any portions for
An economic concept referring to THINGS USEFUL to HUMAN LIFE & medical, surgical, scientific purposes, under conditions
ACTIVITY which can be OWNED, DISTRIBUTED, and/or ORGANIZED,
one way or the other for the GOOD of MAN and of his SOCIETY RA 7170 – authorizes the legacy / donation of human organs after death

RA 7719 – promotes voluntary blood donation


Economic Concept
→ relating to the process/system by which GOODS & SERVICES are
PRODUCED, SOLD, and BOUGHT
→ manage of Suplly & Demand ( ↓S ↑D ) REQUISITES of PROPERTY
→ experience of man
UTILITY → capacity to satisfy human wants
Scarcity → limited production → increasing population (food, shelter, clothing, knowledge, comfort, recreationals)

Evolution/History of Property: SUBSTANTIVITY / INDIVIDUALITY


→ quality of having existence apart from any other thing
ANCIENT → only TANGIBLE : Physical Appearance (hair, blood, teeth – cannot exist whithout the body)
PRESENT → incl. INTANGIBLE : exists in the eyes of the law → they become property only when separated from the body of the
body of the person it belong
**from a system of NO RIGHTS to RIGHTS
APPROPRIABILITY → susceptibility of being possessed by man
POPERTY is EVOLVING → based on HUMAN EXPERIENCE

Property is a thing, but not all things are property


CONCEPY of PROPERTY RIGHT (ARTICLES)
THING
Even though you cannot physically see it, it is still considered as
All that exists property
Matter
determinable by 5 senses of human What are the criteria?
→ senses in physical, do not invade meta-physical (faith) INTANGIBLE RIGHT – cannot be seen: usufruct rights
example: land – tangible (makes it intangible) by usufructuary
Transcendental beyond the senses (Faith, God, Love, Dream,
Imagination) Currency → rock salt
→ money – theoritical representation of a value of the product
There are things that are not property – representation of what you have or the wealth of
the society
Property is a thing
Before the intangible:
Before it became a Property, it is a thing (1) Possessory rights
(2) Rights of transfer
** as long as you can transfer and posses it, it is property
**you can own it
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JDPRO | REVIEWER
Benefits of Property rights ART. 414
→ incentive to work/labor
→ equitable distribution of wealth RP those which are considered as land and everything that is
ATTACHED PERMANENTLY to the land
Ascent of Money
→ in order to make it foster PP  those which are NOT considered as land and everything that
DOES NOT ATTACHED PERMANENTLY to the land
But when people think that money is not that fast:
(1) Negotiable Instruments ART. 415 : IMMOVABLE
(2) Credit Cards – bec of the problem of security
(3) Online Payments (1) LAND (6) ANIMAL HOUSES
- this is bec of economic events (2) TREES (7) FERTILIZER
- all things became an instant and fast processing (3) ATTACHED to IMMO (8) MINES
- the patience of human is now becoming smaller (4) STATUTES (9) DOCKS
(5) MACHINERY (10) CONTRACTS for Public Works
Now what happens with property is now evolving through human
experience, social, economic, and political experience CLASSES / CATEGORIES

RIGHTS as PROPERTY (1) real by NATURE


→ ab initio cannot be carried from one place to another
Classification of Property
(2) real by INCORPORATION
Intangible – cannot be seen but you have the rights → attached to an IMMO PERMANENTLY to be an integral part thereof

REAL RIGHT : JUS IN RE (3) real by DESTINATION or PURPOSE


→ placed in an IMMO fot the UTILITY it gives to the activity carried
enforceable against the whole world thereon
right/interest belong to a person over a specific thing/property
whether movable or immovable (4) real by ANALOGY or LAW
nakakabit sa property → by express provision of law

simplest example: “I have a claim”


example: LAND
GR and EXC
PERSONAL RIGHT : JUS AD REM or JUS IN PERSONAM

enforceable against specific person


inchoate / intangible (ex. usufruct)
no particular subject matter

simplest example: “I promise to pay”


example: BUYING BLUE HONDA CITY : not in existence CASES
…only the right against HIM to DELIVER
credit – not directed or attahced to a particular property
(1) LAND
It is a contiguous and continuous property
Navarro Parties MAY TREAT it as PP
Standard Oil as long as NO 3rd PERSON is PREJUDICED
Leung Yee GR: (1) PP – 1st taken POSS
(2) RP – 1st recorded in Registry
(Yee is in Bad Faith)
(3) NO ENTRY – 1st took POSS, oldest title
in GOOD FAITH
(2) TREES
Lavarro PP – intended to be HARVESTED w/in 1 year
ex. sugarcane
RP – intended to be there
ex. coconut

GR: whoever owns the land, owns the trees


EXC: if the rts over the fruits are already
separately recognized

*Plants and Land are two separate PRO


Sibal For purposes of the CM Law, ungathered
products have the nature of PP and may be
attached and executed upon.
(3) EVERYTHING ATTACHED
to an IMMO in a FIXED MANNER

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JDPRO | REVIEWER
(4) STATUTES 1. Real Property Owned by the Government
even if the owner said it BUT NOT PERMANENT → PP
(a) Real property owned by the Republic of the Philippines or any of its
(5) MACHINERY political subdivisions except when the beneficial use thereof has been
RP  permanently attached granted, for consideration or otherwise, to a taxable person
 placed by owner
 essential & indispensable Under this provision, a property used in continuance of government
Mindanao Movable equipment to be immobalized in function is exempted from being assessed for RPT. However, it must be
(repairshop contemplation of the law must first be ESS & noted that if the said government-owned property is granted to a taxable
mobile) RP PRINCIPAL elements of an industry individual, the exemption no longer applies and the property becomes
subject to RPT.
To be considered as RP by DESTINATION,
the MACH etc. must be: 2. Real Property Used by Religious, Charitable, and Educational
(1) ESSENTIAL and PRINCIPAL elements Institutions
of the industry and
(2) the industry must be carried out (b) Charitable institutions, churches, parsonages or convents appurtenant
in a building or piece of land thereto, mosques, non-profit or religious cemeteries and all lands,
buildings, and improvements actually, directly, and exclusively used for
Davao Saw Mill GR → PP  not placed by owner
religious, charitable or educational purposes
RP EXC → RP stipulation that it will remain
to the land belonging to the owner/tenement
Properties actually, directly, and exclusively used for religious or
Market Leasing Even the bldg may be treated as PP, so much
charitable operations and educational purposes are exempt from being
more a MACH which is by nature is PP
levied RPT, even if they are not necessarily owned by the religious,
Serg’s PP – NOT placed by the owner charitable, or educational institutions who utilize them.
RP – All MACH that will be intriduced by Serg’s
3. Machinery and Equipment Used in the Water Distribution or
A stipulation in the lease agreement to Generation of Power
treat the RP as PP is binding upon the
parties. The parties are estopped from (c) All machineries and equipment that are actually, directly and
claiming otherwise. exclusively used by local water districts and government owned or
(6) ANIMAL HOUSES + ANIMALS controlled corporations engaged in the supply and distribution of water
and/or generation and transmission of electric power

(7) FERTILIZERS More or less self-explanatory, this provision allows for real property used
by nature it is PP in the distribution of power and/or generation of power be exempted from
BUT if put in the LAND, it is RP (cannot be distinguished anymore) being subject to RPT, serving as a benefit engaged in the utilities industry.
(8) MINES, QUARRIES, SLAG DUMPS
4. Real Property Owned by Duly Registered Cooperatives

(d) All real property owned by duly registered cooperatives as provided


for under R.A. No. 6938
How do you know it is RP and subject of TAXATION?
RP To further encourage the establishment of cooperatives for the mutual
Art. 415 benefit of ground-level members, the Cooperative Code of the
RP Tax Code Philippines (Republic Act No. 6938) provides a number of tax exemptions
Local Gov’t Code on such cooperatives. One of these is the exception for paying RPT.

CASES 5. Machinery Used for Pollution Control and Protecting the


Environment
Meralco RATIO: Not in Tax Law but in Art 415 (1) (3) (5)
(e) Machinery and equipment used for pollution control and environmental
steel towers (1) REMOVABLE
protection
PP RP (3) NOT ATTACHED to IMMO in a fixed manner
Δ TAXABLE and can be SEPARATED W/O BREAKING
Like with real property used for water distribution and power generation,
(5) NOT INTENDED (MACH) for exemption from the RPT applies to those used for pollution control and
INDUSTRY/WORKS in the land w/c steel towers
the protection of the environment given the cause it pursues and the
are constructed`
resulting benefit to the ecosystem.
Caltex
RP Tax Code ART. 416 : MOVABLE
Art 415-416
EQUI & MACH
areTAXABLE
What is the importance of classification of property into
immovables and movables?
Real Property Tax Exemptions 1. formalities
2. prescription
Whereas most property owners and administrators can obtain a discount 3. to bind third persons
on their RPT by paying early, others can be exempted from paying the tax
completely, provided the property is categorized as any of the following in What are the tests to determine whether property is movable or
Section 234 of the Local Government Code. immovable?
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JDPRO | REVIEWER
1. If the property is capable of being carried from place to place (test by Properties which are usually identified through unit of
description). measurement , kind, class, and quality/ sepecific definition
2. If such change in location can be made without injuring the real ex. 2kg of white sugar, 1kg of Sinandomeng rice
property to which it may in the meantime be attached (test by
description). 2. Non-fungible – cannot be replaced, the identical object
3. If finally, the object is not one of those enumerated or included in must be returned.
Article 415 (test by exclusion).

ART. 417 : MOVABLE


Chapter 3
Alll the enumerations in Art 415 and 416 are things PROPERTY IN RELATION TO THE PERSON TO WHOM IT
→ these are called corporeal or tangible which can be detected by your BELONGS
senses
→ also, these are incorporeal or intangible ART. 419
→ these are rights
Property is either of public dominion or of private ownership
RR example: Usufruct  Credit Easement
RIGHT over a MOVABLE Loan Commodatum Mortgage Property is either of

CASES 1. Public dominion or property owned by the State (or its


subdivisions) in its public or sovereign capacity and intended for
Art 417 shares of stock public use and not for the use of the State as a juridical person
Example: accounts receivable
e-mails 2. Private ownership or property owned by:
copyrights
interest in the business a. The state in its private capacity; known as patrimonial
profit property
Laurel What is stolen?
the business opportunity b. Private persons, either individually or collectively
The opportunity to make a call is a force of
nature that is brought into control by science Property is presumed to be State property in the absence of any
showing to the contrary. (Regalian Doctrine)
through the medium and technology
What’s dominion?
Guilty of Theft – as long as you SUBTRACTED
the property of a person
1. Not owned by the State but simply under its jurisdiction and
US vs. Carlos Opportunity to make calls was stolen not the
administration for the collective enjoyment of all the people of the
call
State
PPBusiness interest 2. Purpose is to serve the citizens, not the State as juridical person
Bacharach Art 417 (2) Share of stocks PP: intangible
created by law 3. Rises from the fact that the State is the juridical representative of
the social group

ART. 420 : PUBLIC DOMINION


ART. 418 : MOVABLE
Public Dominion – owned by the state for public use, public service,
What are the classifications of movable property according to its and dev’t of natn’l wealth
nature? – but baasically, it is owned by the citizenry
***in LGU, it is for the benefit of the REAL OWNER
Movable property is either;
(a) STATE P.Use P.Service Devt of Natnl Wealth
A. According to their nature [Article 418]: (b) LGU (Pol. Subd) P.Use P.Service Devt of Natnl Wealth
1. Consumable – thing that must be consumed in order to be used
Public dominion (def.):
– those which cannot be used in a manner appropriate
to their nature without their being consumed; a) ownership by the State in that the State has control and
ex. food (rice/veggie/fruits), sand, cement
administration; or
2. Non- consumable – u used them but you cannot consume them b) ownership by the public in general.
– any other kind of movable property. (Article 418)
ex. computer, laptop, gas Three Kinds of Property Of Public Dominion:
B. According to the intention of the parties (as to their possibility of being 1) For public use – roads, canals for use by everyone
substituted by others of the same kind and quality):
2) For public service – government buildings and vehicles for use by
1. Fungible – can be replaced by an equal quality and quantity authorized persons
either by the nature of things or by common agreement;
3) For the development of national wealth – natural resources.

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JDPRO | REVIEWER
Properties of public dominion are outside of the commerce of man. Patrimonial Property of the State is the property it owns but which is not
Again, their purpose is to serve the citizens. devoted to public use, public service, or the development of the national
wealth. It is wealth owned by the State in its private, as distinguished
They can not be the object of appropriation either by the State or from its public capacity.
private persons.
Patrimonial property
So…
 Property of the State owned by it in its private or proprietary
1. Cannot be sold, leased or be the subject of contracts character

2. Cannot be acquired by prescription, not even by  Not for public use, service or development of the
municipalities as against the State national wealth

3. Cannot be encumbered, attached, or be subject to levy and  May be acquired by private individuals or juridical persons through
sold at public auction. prescription; can be the object of an ordinary contract

4. Cannot be burdened with easements

5. Cannot be registered under the land registration law and be May the patrimonial property of the State be acquired by
the subject of a Torrens title prescription?

 Inclusion of public dominion property does not confer They may be acquired by private individuals or corporations thru
title on the registrant prescription.

ART. 422

Public lands v Government lands Property of the National Government

Public lands  Not self-executing

Lands of the public domain  There must be a formal declaration by the executive (exercised by
Does not include all lands of government ownership but only so much the President) or possibly legislative department that the property is
of said lands as are thrown open to private appropriation and settlement no longer needed for public use or for public service before the same
by homestead law can be classified as patrimonial property
Government lands  A positive act declaring land as alienable and disposable is required
Broader term 1. Presidential proclamation or executive order
Includes not only public lands, but also…
2. Administrative action
(1) other lands of the government already reserved or devoted to
public use, 3. Investigation reports of Bureau of Lands investigators
(2) or subject to private rights,
(3) and patrimonial lands 4. Legislative act or a statute (Sec of DENR v Yap)
Alienation of public agricultural land  Classification of public lands is the exclusive prerogative of the
Executive Department – courts have no authority (Sec of DENR v
Unless pubic land is shown to have been reclassified and alienated Yap)
by the State to a private person, it remains part of the inalienable public
domain Abandonment cannot be inferred from non-use. (Roponggi case)
All other lands are presumed to belong to the State
 Two requisites for judicial confirmation of imperfect or incomplete
Santos v. Canals constructed by private persons title, under CA 141
Moreno within private lands are of private
ownership. 1. open, continuous, exclusive and notorious possession
and occupation of the subject land by himself or through
ISSUE: whether the canals are of public his predecessors-in-interest under a bona fide cliam of
dominion or private ownership. ownership since time immemorial or from June 12, 1945
HELD: The canals are private; their 2. classification of the land as alienable and disposable land
destruction may not be ordered. of the public domain (Sec of DENR v Yap)
Article 420 states that canals constructed by the
State are of public ownership; conversely, canals  Unclassified land? Considered as forest land (Sec of DENR v Yap)
constructed by private persons within private lands
are of private ownership.

ART. 421 : PATRIMONIAL PROPERTY

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JDPRO | REVIEWER
Property of Political Subdivisions Martinez Creek is owner of public dominion
not man-made
 For provinces, cities and municipalities, the conversion must be Binalay Water – public dominion
authorized by law Cavite The leased is beyond the commerce of man,
hence, cannot be the subject of public dominion
 Municipal corporation has discretionary power to withdraw a street Harty Public plazas are ownership of public dominion
from public use and sell it. (Cebu Oxygen v Becilles) which cannot be acquired through acquisitive
prescription because this cannot be acquired for
private dominion
Dacanay Roads and streets are owned by Public
ART. 423 - 424 dominion, therefor, not capable of private
ownership
Property of Political Subdivisions public nuisance
any structure placed in a public domain can be
 Note that the articles speak of property for public use, indicating that abaited anytime
properties for public service are patrimonial. (ambulance of the local Ignacio
government)

 Political subdivisions cannot register as their own any part of the


public domain, unless it is first shown that a grant thereof has been
made or possession has been enjoyed during the period necessary
to establish a presumption of ownership.
OWNERSHIP
 If the property is owned by the municipality in its public and
governmental capacity, the property is public and Congress has Rights of the owner
absolute control over it.
Jus Possidendi
 If it is owned in its private or proprietary capacity, then it is
patrimonial and Congress has no control over it. (page 63, de Jus Utendi
Leon)
Jus Fruendi

Jus Abutendi
Case doctrines:
Jus Disponendi
 The use of subdivision roads by the general public does not strip it
of its private character. Jus Vindicandi

 Transfer of ownership from the subdivision owner-developer to the


local government is not automatic but requires a positive act from
the owner-developer before the city or municipality can acquire
dominion over the subdivision roads. Until and unless the roads are
donated, ownership remains with the owner-developer. (Woodridge
School, Inc v ARB Construction Co, Inc)

ART. 425 : PRIVATE OWNERSHIP

Owned by the state in its economic business


proprietory capacity
those owned by private person

Private property

1. Belonging to private persons, either individually or collectively

2. Belonging to the State and any of its subdivisions which are


patrimonial in nature

 There is nothing that will prohibit churches from alienating things


classified into ‘sacred, religious, and holy.’

CASES

Santos Cancel system


Public domain
Cabangis There is a de facto eminent domain in his case
Reclaimed/dredged by the

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JDPRO | REVIEWER
LAW (3) Everything attached to an immovable in a fixed manner, in such a way
that it cannot be separated therefrom without breaking the material or
Science of moral rules founded on the rationale nature of man which deterioration of the object;
governs free activity to attain individual and collective needs.
(4) Statues, reliefs, paintings or other objects for use or ornamentation,
DEFINE PROPERTY placed in buildings or on lands by the owner of the immovable in such a
manner that it reveals the intention to attach them permanently to the
Economic concept referring to things which are useful for human life and
tenements;
activity which can be owned, distributed, and organized one way or the
other for the good and man and of his society. (5) Machinery, receptacles, instruments or implements intended by the
owner of the tenement for an industry or works which may be carried on
Why is it an economic concept?
in a building or on a piece of land, and which tend directly to meet the
Because supply and demand needs to be managed. needs of the said industry or works;

Evolution of Property (6) Animal houses, pigeon-houses, beehives, fish ponds or breeding
places of similar nature, in case their owner has placed them or preserves
 It must be tangible them with the intention to have them permanently attached to the land,
 Intangible; Exists in the eyes of the law and forming a permanent part of it; the animals in these places are
 Money. included;
 Negotiable Instruments
(7) Fertilizer actually used on a piece of land;
 Cashless Payment
 Mobile Card Payment (8) Mines, quarries, and slag dumps, while the matter thereof forms part
 Online payment of the bed, and waters either running or stagnant;
THINGS
(9) Docks and structures which, though floating, are intended by their
Are all that exists and can be identified using any of the five senses. nature and object to remain at a fixed place on a river, lake, or coast;

Kinds of things (10) Contracts for public works, and servitudes and other real rights over
immovable property. (334a)
 Res Communes
Owned by everybody. They belong to everybody but does not belong to Classification of Real Properties (Instances where a property
anybody. Cannot be owned in entirely. Air, sunlight, sea. becomes Real Property)
 Res Nullius
These things belong to no one because they have not yet been  by nature
appropriated. Are capable of private ownership. Fishes, wild animals.  by incorporation
 Res Alicujus  by destination or purpose
Objects which are tangible or intangible which are owned privately.  by analogy
RIGHTS By Nature

Real right those which by their essence and nature are immovable or cannot be
moved from one place to another, such as lands and roads
Right of ownership and is enforceable against the world whether movable
or immovable. By Incorporation

Personal right those which are treated as immovable by reason of their attachment or
incorporation to an immovable in such manner as to be an integral part
Enforceable against a specific person with no reference of a particular thereof, such as buildings and constructions of all kinds adhered to the
property. soil
Importance of classification By Destination
For purposes of applying the rules of acquisitive prescription those which are essentially movable, but by the purpose for which they
In determining the propriety of the object of the contracts of have been placed in an immovable, partake of the nature of the latter
pledge, chattel mortgage and real estate mortgage because of the added utility derived therefrom.
 For purposes of determining the formalities of a donation
 In extrajudicial deposit Immovable by analogy or by law
 In crimes of theft, robbery and usurpation Contracts for public works, and servitudes and other real rights over
 For purposes of determining the venue in remedial law immovable property.
IMMOVABLE PROPERTY
Building treated separately from the land is still immovable.
Land and anything permanently attached to the land.
A building treated separately from the land on which it stood is immovable
415 MEMORIZE property and the mere fact that the parties to a contract seem to have
dealt with it separate and apart from the land on which it stood in no wise
Article 415. The following are immovable property:
changed its character as immovable property.
(1) Land, buildings, roads and constructions of all kinds adhered to the
Thus, while it is true that a mortgage of land necessarily includes, in the
soil;
absence of stipulation, the improvements thereon, still a building by itself
(2) Trees, plants, and growing fruits, while they are attached to the land may be mortgaged apart from the land on which it has been built. Such a
or form an integral part of an immovable; mortgage would still be a real estate mortgage for the building would still

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JDPRO | REVIEWER
be considered immovable property even if dealt with separately and apart Board of Assesment: steel towers of Meralco could not be included under
from the land. paragraph 3 because they are not attached

Building built on land of another is still immovable. to an immovable in a fixed manner since they could be separated without
breaking the material or causing deterioration upon the object to which
a building is an immovable property regardless of whether or not said they were attached.
structure and the land on which it is adhered to belong to the same owner
or whether it is erected by the owner of the land or by a usufructuary or Statues, reliefs, paintings or other objects for use or ornamentation
lessee.
These are real properties by destination.
Parties may treat real property as personal.
In order that statues, reliefs, paintings or other objects for use or
Standard Oil Co. of New York v. Jaramillo: the parties to a contract may ornamentation may be considered as real property, the following
by agreement treat as personal property that which by nature would be a requisites must concur:
real property as long as it is not prejudicial to third persons.
1. they must be placed in buildings or on lands by the owner of
Wearever: If a house of strong materials, like what was involved in the the immovable or by his agent; and
above Tumalad case, may be considered as personal property for 2. the attachment must be intended to be permanent.
purposes of executing a chattel mortgage thereon as long as the parties
to the contract so agree and no innocent third party will be prejudiced
thereby, there is absolutely no reason why a machinery, which is movable Machineries, Receptacles, Instruments or Implements
in its nature and becomes immobilized only by destination or purpose,
may not be likewise treated as such. Machineries, receptacles, instruments or implements are essentially
movables but by reason of their purpose — they being destined for use in
However nature of property does not change. the industry or work in the tenement — they are converted into real
properties.
The classification of property into real or personal is provided for by law
and may not, therefore, be changed by the agreement of the parties. As Requisites:
such, even if the parties may treat as personal property that which under
the law is a real property, that agreement does not in any way alter the (1) They must be machinery, receptacles, instruments or
character of the property as an immovable or real property. implements;
(2) They must be placed by the owner of the tenement or by his
Construction Adhered to the Soil (REQUISITES TO BE IMMOVABLE) agent;
(3) There must be an industry or work carried in such building
 To be immovable, the construction must be attached or on the piece of land; and
permanently to the land. (4) They must tend directly to meet the needs of said industry
 The adherence to the soil must not be of provisional or or work.
temporary character but fixed or integral. General Rule: machinery which is an essential and principal element of
Trees and Plants (when are they considered real or personal) the industry which is movable by nature becomes immobilized
Trees, plants and growing fruits, while they are attached to the land, are Exception:
immovable property.
when placed by tenant, usufructuary, or any other person having only a
They are immovable by reason of their incorporation to the soil or because temporary right, unless such person acted as the agent of the owner it
they form an integral part of the immovable. becomes movable.
If, therefore, the trees or plants are cut or uprooted for purposes of making Exception to the Exception:
them firewood or timber they become movable property except when the
timber constitutes the natural product of the tenement and, therefore, If in the contract of lease, it is stipulated that such machinery, receptacles,
forms an integral part of the immovable. instruments or implements placed there by the lessee will become, at the
termination of the lease, the property of the lessor it becomes immovable.
Growing Fruits
Exception to the Exception to the Exception:
With regard to growing fruits, they are considered as real property so long
as they are still attached to the soil. But for certain purposes and while still If there is a stipulation that the thing is exempted from the agreement, it
attached to the soil, growing fruits may exceptionally be treated as becomes movable.
personal property. By way of example, ungathered fruits are considered
personal property for the purpose of sale of the whole or part of the crops.
Must be essential and principal elements of industry. (not incidental)

Sibal: for purposes of attachment and execution, and for the purposes of It is necessary that they must be “essential” and “principal” elements of
the Chattel Mortgage Law, ungathered products have the nature of the industry or works without which such industry or works would be
personal property. unable to function or carry on the industrial purpose for which it was
established.

Mindanao bus: the transportation business could be carried on without the


Everything Attached To An Immovable In A Fixed Manner repair or service shop if its rolling equipment is repaired or serviced in
another shop belonging to another. In this case, the tools and equipment
Their attachment to an immovable must be in a fixed manner and in such in question are by their nature, not essential and principal elements of
a way that they cannot be separated therefrom without breaking the Mindanao Bus Co.’s business of transporting passengers and cargoes by
material or deterioration of the object. motor trucks. They are merely incidentals”

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JDPRO | REVIEWER
Fertilizer must be used in the land. (c) If finally, the object is not one of those enumerated or included
in Art. 415 (test by exclusion).
The fertilizers must actually be used on the land because it is only then
that the intention of the owner to use them on the tenement is beyond GROWING FRUITS may be regarded as personal for purposes of
doubt. Hence, fertilizers kept in the farmhouse are not immovable. FELS mortgage.
ENERGY
SIBAL: The sugar cane, although considered as “growing fruits” and
therefore ordinarily real property must be regarded as PERSONAL
PROPERTY for purposes of the Chattel Mortgage Law, and also for
MOVABLE PROPERTY purposes of attachment, because the right to the growing crops mobilizes
(makes personal) the crops by anticipation.
In general, all things susceptible of appropriation which can be
transported from place to place without impairment of the real property to ELECTRICITY is considered as personal for the crime of theft.
which they are fixed and not included in the enumeration in Article 415
are classified as “personal” or “movable” property. CARLOS: While electric current is not a fluid, still its manifestations and
effects like those of gas may be seen and felt. The true test of what may
MEMORIZE be stolen is not whether it is corporeal or incorporeal, but whether, being
possessed of value, a person other than the owner, may appropriate the
Article 416. The following things are deemed to be personal property:
same. Electricity, like gas, is a valuable merchandise, and may thus be
(1) Those movables susceptible of appropriation which are not included stolen.
in the preceding article;
INTEREST OR SHARE in business is personal.
(2) Real property which by any special provision of law is considered as
STOCHECKER: A half-interest in a drugstore business, being capable of
personalty;
appropriation, but not included in the enumeration of real properties under
(3) Forces of nature which are brought under control by science; and Art. 415, should be considered personal property, and may thus be the
subject of a chattel mortgage.
(4) In general, all things which can be transported from place to place
without impairment of the real property to which they are fixed.

Article 417. The following are also considered as personal property: CONSUMABLE and NON-CONSUMABLE

(1) Obligations and actions which have for their object movables or Article 418. Movable property is either consumable or non-consumable.
demandable sums; and To the first class belong those movables which cannot be used in a
manner appropriate to their without their being consumed; to the second
(2) Shares of stock of agricultural, commercial and industrial entities, class belong all the others.
although they may have real estate.
Consumable — this cannot be used according to its nature without its
Classes of movable or personal property being consumed.

1. Property not included in Art 415 Non-consumable — can be used according to its nature without its being
consumed.
2. Considered personal property by special provision of law
Fungible – Described by their quality, unit measurement, kind or class.
3. Forces of nature brought under control by science are those replaceable by an equal quality and quantity, either by the
nature of things, or by common agreement.
4. In general, all movable things
Non-fungible - Are those not replaceable by an equal quality and quantity,
a. Whether the property can be transported or either by the nature of things, or by common agreement.
carried from place to place;
PUBLIC and PRIVATE
b. Whether such change of lacation can be
made without injuring the immovable to which Article 419. Property is either of public dominion or of private ownership.
the object may be attached, and

c. Whether the object does not fall within any


one of the cases in Art 415 PUBLIC DOMINION

5. Obligations and actions (personal rights, they having a Public dominion means ownership by the public in general, in that not
definite passive subject) even the State or subdivisions thereof may make them the object of
commerce as long as they remain properties for public use.
6. Shares of stock
Property owned by the State (or its subdivisions) in its public or sovereign
7. Other incorporeal personal property capacity and intended for public use and not for the use of the State as a
juridical person
Three Tests to Determine whether Property Is Movable or Immovable
(MANRESA) NOTE: Property is presumed to be State property in the absence of any
showing to the contrary.
(a) If the property is capable of being carried from place to place
(test by description); Article 420. The following things are property of public dominion:
(b) If such change in location can be made without injuring the real (1) Those intended for public use, such as roads, canals, rivers, torrents,
property to which it may in the meantime be attached (test by ports and bridges constructed by the State, banks, shores, roadsteads,
description); and and others of similar character;

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JDPRO | REVIEWER
(2) Those which belong to the State, without being for public use, and are Properties of a political subdivision for public use cannot be
intended for some public service or for the development of the national alienated as such, and may not be acquired by prescription.
wealth. Patrimonial Property
Properties of a political subdivision which are patrimonial in
Three kinds of public dominion property character may be alienated, and may be acquired by others thru
1. Intended for public use prescription
 Can be used by everybody
2. Not for public use but intended for some specific public service
 Only be used by duly authorized people, such as government Lease of a plaza is null and void
buildings, etc
3. Intended for the development of national wealth, even if not MUN of CAVITE: The lease is null and void, because streets and plazas
employed for public use or service are outside the commerce of man, since they are properties for public use.
 Minerals, coal, oil, forests In creating the lease, the municipality exceeded its authority because it
did something it was not empowered to do.

Either No acquisitive prescription of rivers


 owned by the state Meneses: Rivers are not subject to private appropriation. The law of
 owned by the LGU prescription does not apply to them.
Owned by the State
 Public use Land which became part of the sea is public domain
 Public service
 Development of National Wealth. Cabangis: Having become part of the sea or the seashore, it became
Owned by LGU property for public use. When the government took steps to make it land
again, its status as public dominion remained unchanged; therefore,
 Public use
Cabangis is not entitled to the land.
 Public service
No development of national wealth because natural resources Cannot close a natural river.
are only owned by the state under the regalian doctrine.
The canal should be opened. Although the hacienda is registered under
his name under the Torrens System, this does not confer upon him any
Which is wider in coverage, Government land or Land of Public right to the river or creek since these are properties of public dominion,
Dominion and cannot be registered.
Answer: The first is broader in scope, and may be said to include also However in another case, since the canal was man made, the municipality
those lands devoted to public use or public service, as well as public lands government was no given the right to demolish a fishpond constructed
“before and after they are made available for private appropriation,’’ and therein since it was not of public dominion.
also patrimonial lands. Upon the other hand, as has already been seen
“public lands’’ are merely a part of “government lands. Public Lands

Characteristics of Properties of Public Dominion They are that part of government lands which are thrown open to private
appropriation and settlement by homestead and other like general laws.
 They are outside the commerce of man, and cannot be leased, Among the public lands are mining, forest, and agricultural lands.
donated, sold, or be the object of any contract
 They cannot be acquired by prescription; no matter how long PRIVATE OWNED LANDS
the possession of the properties has been, “there can be no
prescription against the State regarding property of the public 3 types
domain.”  Patrimonial owned by the State
 They, as well as their usufruct, cannot be levied upon by  Patrimonial owned by the LGU
execution, nor can they be attached.  Property owned by private individuals
 In general, they can be used by everybody.
 They may be either real or personal property, for it will be noted
PATRIMONIAL
that the law here makes no distinction.
Art. 424. Property for public use, in the provinces, cities and DEFINED
municipalities consist of the
Patrimonial property of the State is the property it owns but which is not
 provincial roads, city streets, municipal streets, devoted to public use, public service, or the development of the national
wealth. It is wealth owned by the State in its private, as distinguished from
 the squares, fountains, its public, capacity.
 public waters, promenades, and Patrimonial properties may be acquired by private individuals or
corporations thru prescription.
 public works for public service paid for by said provinces,
cities, or municipalities. PROPERTY NO LONGER INTENDED FOR PUB USE
All other property possessed by any of them is patrimonial and shall be Art. 422. Property of public dominion, when no longer intended for public
governed by this Code, without prejudice to the provisions of special laws. use or for public service, shall form part of the patrimonial property of the
State.
Art. 423. The property of provinces, cities, and municipalities is
divided into property for public use and patrimonial property.  There must be a formal declaration by the executive (exercised by
the President) or possibly legislative department that the property is
PROPERTIES OF LGU’s
For Public Use
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JDPRO | REVIEWER
no longer needed for public use or for public service before the same Actions to recover
can be classified as patrimonial property Recovery or Personal
Replevin
 Abandonment cannot be inferred from non-use. (a) action to recover ownership of personal property
Abandoned Road is patrimonial property. (b) in replevin you need to prove ownership or possession
CebuOxygen: The land can be registered in the name of the buyer, before filing an action
because the street has already been withdrawn from public use, and (c) prescribes within 4 years if in good faith, 8 years if bad
accordingly has become patrimonial property. faith (1132)
Recovery of Real
The lot’s sale was therefore valid.  Recovery of ownership - Reivindicatoria
 Recovery of possession- Interdectal and Publiciana
OWNERSHIP Interdectal – is either Forcible Entry or Unlawful Detainer
Is an independent and general right of a person to the exclusive
enjoyment, control, possession disposition and recovery of a property for Summary proceedings to put back social order.
the purpose of deriving therefrom all reasonable means of the owner on
the holder thereof and for the promotion of general welfare but subject to Forcible Entry (FISTS)
limitations and restrictions imposed by law or rights of other people.
 is a summary action to recover material or physical possession
Independent Right – it can exist on its own (it can stand alone) of real property when a person originally in possession was
Ownership may be exercised over things or rights deprived thereof by force, intimidation, strategy, threat, or
stealth.
 Thing – usually refers to corporeal property  The action must be brought within one year from the
 Rights – whether real or personal, res of rights may be dispossession or discovery.
corporeal or incorporeal  The issue involved is mere physical possession (possession
Bundle Rights/ Bundle of Sticks (adjuncts of ownership) de facto) and not juridical possession (possession de jure) nor
ownership.
(a)jus possidendi — the right to possess Unlawful Detainer
(b)jus utendi — the right to use
(c)jus fruendi — the right to the fruits  Unlawful detainer is the action that must be brought when
(d)jus abutendi — the right to consume (and also to transform or possession by a landlord, vendor, vendee or other
abuse)  person of any land or building is being unlawfully withheld after
(e) jus disponendi — the right to dispose the expiration or termination of the right to
(f) jus vindicandi — the right to recover.  hold possession, by virtue of any contract, express or implied.
Jus Possidendi  In such a case, prior physical possession IS NOT required.
 The issue involved is mere physical possession (possession
General Rule: ownership involves possession de facto) and not juridical possession (possession de jure) nor
ownership.
Exception: A person may be declared owner but he may not be entitled to
possession. Lessor and lessee.  To make out a case of unlawful detainer, the complaint must
show that the withholding of possession, or the refusal to
Jus Abutendi vacate, is UNLAWFUL.
 The action must be brought within one year from the time
Jus abutendi should not be understood as the right of the owner to possession becomes unlawful, thus —
exercise absolute and unlimited power over the thing to the point of o if there is a fixed period for the termination of the
destroying it by any means, however inconvenient and prejudicial to the lease, the lease ends automatically without need of
public interest or to the right of others. any demand; hence, the one-year period begins
from the expiration of the lease.
Jus Disponendi o if the reason for ejectment is non-payment of rent
Jus disponendi or the power of the owner to dispose of his property or the non-fulfi llment of the conditions of the lease,
includes the power to alienate, to encumber, to limit, to transform, to then the one-year period must be counted from the
destroy and to merge. date of demand to vacate.
Note: If action interdictal has prescribed the plaintiff may resort to action
The right to dispose covers only the property rights that you own. publiciana.

Publiciana

General Rule: You cannot be compelled to dispose  The accion publiciana is intended for the recovery of the better
Exceptions: right to possess
 When the Law says so  Recovery of legal, juridical, de jure, or better right of
 Judicial Order possession.
 Contract  Must be filed within ten years, otherwise, the real right of
 Expropriation possession is lost.
Reinvindicatoria
What can you dispose?
Any or all properties or rights subject to article 6 of the civil code.  The accion reivindicatoria or reivindicatory action is defined as
an action to recover ownership over real property.
 Insofar as real property is concerned, ordinary prescription
which requires, aside from other requirements for prescription,
good faith and just title runs for 10 years; extraordinary

15
JDPRO | REVIEWER
prescription, which does not require good faith or just title, runs LIMITATION on RIGHTS
for 30 years.
 issue involved is ownership, and for this purpose, evidence of  Constitution (regalian doctrine)
title or mode may be introduced.  Laws or Ordinances
 What must be proved: identity, location and proof of  Areal Navigation
ownership. Alam na naming yun.  General Welfare/ Easement (rights of another)
 Required evidence: Preponderance of evidence.  Inherent powers of the State.
 In case of Equiponderance: The actual possessor is the INTERFERENCE
winner.
Proof of actual possession Art 432 The owner of a thing has no right to prohibit the interference of
another with the same, if the interference is necessary to avert an
 Title TCT imminent danger and the threatened damage, compared to the damage
 Tax declaration arising to the owner from the from the interference, is much greater. The
 Deed of Sale owner may demand from the person benefited indemnity for the damage
 Estoppel to him.
Note: If you have any of those, presumption is you are the owner. General rule: a person cannot interfere with the right of ownership of
SELF-HELP Article 429 of CC/ RPC 11/ Const Sec1Art3 another

Art. 429. The owner or lawful possessor of a thing has the right to exclude Exception: State of necessity, but of course, civil indemnification can be
any person from the enjoyment and disposal thereof. For this purpose, he asked for
may use such force as may be reasonably necessary to repel or prevent Requisites:
an actual or threatened unlawful physical invasion or usurpation of his i. interference is necessary to avert an imminent danger
property. and the threatened damage to actor or a third person (but
Note: Right to counter force by force (Tamayo). the damage must be proportionate and reasonable)
ii. imminent danger or threatening damage must be much
Requisites: greater than the damage arising to the owner of the
1. Owner or lawful possessor property
2. Reasonable Force
3. No Delay (within reasonable time) Imminent Domain
4. Actual or threatened physical invasion or usurpation. Art 435 No person shall be deprived of the property except by competent
authority and for public use and always upon payment of just
compensation.
HOW TO PROTECT PROPERTY. Should this requirement be not first complied with, the courts shall protect,
and in a proper case, restore the owner in his possession.
REAL
 May enclose or fense his land or tinements under 430. Power of eminent domain
 Article 430. Every owner may enclose or fence his land Requisites:
or tenements by means of walls, ditches, live or dead i. Taking must be done by competent authority
hedges, or by any other means without detriment to ii. Must be for public use
servitudes constituted thereon. iii. Owner paid just compensation
PERSONAL iv. Requirement of due process of law must be observed
 Put it in a bank or in a safe place (Rodriguez Atty)
Surface and Underground Rights
Art 437 The owner of a parcel of land is the owner of its surface and of
Who may invoke: everything under it, and he can construct thereon any works or make any
 the doctrine of self-help is available not only to owners plantations and excavations which he may deem proper, without
of the property but also to any of its “lawful possessor. detriment to servitudes and subject to special laws and ordinances. He
When not applicable: cannot complain of the reasonable requirements of aerial navigation.
 If the property is already taken within reasonable
period of time the theory of self-defense cannot be Surface rights of a landowner
invoked. Right of the owner of a parcel of land to construct any works or make any
 The use of reasonable force in defense of property plantations and excavations on his land is subject to:
under the doctrine of self-help is authorized only if the 1. Special laws
purpose is to “repel” or “prevent” an actual or 2. Local ordinances
threatened unlawful physical invasion or usurpation of 3. Existing servitudes or easements
the said property. 4. Reasonable requirements of aerial navigation
5. Rights of third persons

Exception: Underground rights


Ownership of said land does not give him the right to extract or utilize the
 Article 432. The owner of a thing has no right to prohibit the said minerals without the permission of the State to which said minerals
interference of another with the same, if the interference is belong
necessary to avert an imminent danger and the threatened For the loss sustained by such owner, he is entitled to just compensation
damage, compared to the damage arising to the owner from under mining laws or expropriation proceedings
the interference, is much greater. The owner may demand
from the person benefited indemnity for the damage to him.

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JDPRO | REVIEWER
TREASURES KINDS of Fruits
Article 439. By treasure is understood, for legal purposes, any hidden and
unknown deposit of money, jewelry, or other precious objects, the lawful 1. Natural Fruits: are the spontaneous products of the soil, and
ownership of which does not appear. the young and other products of animals.
Rules on the discovery 2. Industrial Fruits: are those produced by lands of any kind
Rule 1 through cultivation or labor.
 Hidden treasure belongs to the owner of the building or other 3. Civil Fruits: are the rents of buildings, the price of leases of
properties on which it is found in its full amount or value. lands and other property and the amount of perpetual or life
Rule 2 annuities or other similar income.
 When the discovery is made on the property of another, or of Requisites of Industrial Fruits
the State or any of its subdivisions, and by chance, one-half
 it is produced by the land; and
thereof shall be allowed to the finder.
 it is produced through cultivation or labor.
Exceptions
Both the natural fruits of the first kind and industrial fruits are products of
 If the finder is a trespasser, he shall not be entitled to any share
the land. They differ, however, in the manner of their coming into
of the treasure.
existence. The former is produced naturally and spontaneously by the
 If the things found be of interest to science or the arts, the State soil; while the latter is produced through cultivation or through human
may acquire them at their just price, which shall be divided in
labor.
conformity with the rule stated.
When natural fruits and industrial fruits deemed to exist
ACCESSION 1. Plants which produce only one crop and then perish (rice, corn,
sugar): from the time the seedlings appear from the ground
Art. 440. The ownership of property gives the right by accession to 2. Plants and trees which live for years and give periodic fruits
everything which is produced thereby, or which is incorporated or (mangoes, oranges, epols): deemed existing until they actually
attached thereto, either naturally or artificially.
appear on the plants or trees
Accession: Addition to the principal property to increase the benefit 3. Animals: beginning of the maximum ordinary period of gestation
usefulness utility or value. (when there can be no doubt that they are already in the womb of
the mum)
Accession, therefore, is the right of an owner of a thing to the products of 4. Fowls: the fact of appearance of chicks should retroact to the
said thing as well as to whatever is inseparably attached thereto as an beginning of incubation
accessory.

As distinguished from Accessory: CONTINUA

Addition to the principal property to increase embellishment beauty or accession continua is the right of the owner to anything which is
ornamentation. incorporated or attached to his property, whether the attachment is by
reason of natural or artificial causes
Note: Accession is a part of the bundle of rights, produced, incorporated
or attached. KINDS:
1.) With reference to real property
Is accession a mode of acquiring ownership? a) accession industrial
(1) building
NO. Because there is already an existing ownership, it is merely an
(2) planting
extension of the rights of the owner.
(3) sowing
b) accession natural
(1) alluvium
KINDS of ACCESION: (2) avulsion
(3) change of course of rivers
 DISCRETA (fruits): accesion discreta is the right of the owner (4) formation of islands
to the products of his property or to the fruits of the same. 2) With respect to personal property
 CONTINUA (incorporated or attached to his property): As a) adjunction or conjunction
defined, accession continua is the right of the owner to (1) inclusion (engraftment)
anything which is incorporated or attached to his property, (2) soldadura (attachment)
whether the attachment is by reason of natural or artificial (3) tejido (weaving)
causes (4) pintura (painting)
o Accession Industrial (5) escritura (writing)
o Accession Natural (b) mixture (confusion — liquids; commixtion — solids)
DISCRETA (c) specification.
accesion discreta is the right of the owner to the products of his property
or to the fruits of the same. RULES:
General Rule: Fruits belong to the owner of principal.  Accessory follows the principal
Exceptions:  No person shall enriched at the expense of another
 Good faith is rewarded, bad faith is penalized
 Possesor in good faith  If inpari delicto both in bad faith treated as good faith
 Unjust Enrichment Exception to Accesory follows the principal:
 Negotiorum Gestio
1. Family Code 120
2. Governed by contract of lease

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JDPRO | REVIEWER
INDUSTRIAL same provided there is no injury to the
principal thing (land or building)
Sowing vs Planting
Right of retention only applies when LO
 Planting: Perennial Plants, plants intended to stay in the land chooses to appropriate (but does not
for a long term apply if property of public dominion)
 Sowing; Cash Crops, plants ripped or harvested in less than Option 2: To oblige the BP to buy To purchase land at fair market value at
one year or intended for a short period of time. the land or the S to pay the proper time of payment when value is not
REMEDIES IN ACCESSION rent unless the value of the land is considerably more than that of the
considerably more than that of the building or trees
What’s good faith? building or trees
1. Honest belief that the land he is building, planting, sowing on is his To pay rent until the purchase has been
Legal implication of planter v sower: made (Technogas case)
or that by some title, he has a right to build, plant, sow on it; and
2. Ignorance of any defect or flaw in his title Owner can’t compel sower to buy, If BP cannot pay purchase price of the
only rent. land, LO can require BP to remove
When does good faith cease? whatever has been built, planted, or
sown.
 From the moment defects in the title are made known to the
possessor by extraneous evidence or by suit for recovery of the
property by the true owner
If the value of the land is considerably
more than that of the building or trees,
Owner Of The Property Uses The Materials Of Another BP cannot be compelled to buy the
land. In such case, BP will pay
Landowner-Builder/Planter/Sower Owner of Materials reasonable rent if LO does not choose
option 1.
Good faith Good faith
If BPS cannot pay the rent, LO can
LO-BPS can acquire the materials Entitled to full payment for value of eject BPS from the land.
provided there is full payment materials, or
Note: Rental period of sower is only
May remove materials provided until he gathers what he sowed. He
there is no substantial injury to doesn’t have the remedy of removal.
work done (Sarmiento)
Bad faith Good faith Good faith Bad Faith
Acquire the materials provided he pays Entitled to full payment for value of Option 1: To acquire whatever has Loses whatever has been built, planted
full payment plus damages materials plus damages, or been built, planted or sown without or sown without indemnity and liable to
paying indemnity except necessary pay damages
Remove materials even if there will expenses for preservation of land
be substantial injury to work done Entitled to reimbursement for
and luxurious expenses (should LO
plus damages necessary expenses for preservation of
want to acquire luxurious
improvement) plus damages land but no right to retention (and also
Good faith Bad faith 443)
Acquire materials without paying for the Loses materials without indemnity NOT Entitled to reimbursement for
value thereof and entitled to damages and will be liable for damages due useful expenses and cannot remove
due to defects or inferior quality of to defects or inferior quality of useful improvements even if removal
materials materials will not cause injury (MWSS case)
Bad faith Bad faith Not entitled to luxurious expenses
except when LO wants to acquire
Same as when both are in good faith. (value of which will be the one at the
time LO enters into possession)

Entitled to remove luxurious


Landowner is not the BPS improvements if it will not cause injury
and LO does not want to acquire them.
Landowner Builder/planter/sower If it will cause injury and LO doesn’t
want to acquire, he gets it for free
Good faith Good faith (Dean Del)
Option 1: Purchase whatever has Receive indemnity for necessary, Option 2: To oblige BP to buy land Obliged to pay for land or proper rent
been built, planted, or sown after useful and luxurious expenses or S to pay proper rent plus and pay damages
paying indemnity which includes (depends on landowner) with right of damages, regardless of valuation
necessary, useful and luxurious retention over the land without
expenses (if he wishes to obligation to pay rent until full payment Option 3: To compel BPS to Obliged to remove or demolish work
appropriate the luxurious of indemnity remove or demolish work done plus done at his expense and pay damages
expenses) damages
Remove useful improvement provided
Prohibited from offsetting or it does not cause any injury (part of right Bad Faith Good Faith
compensating the necessary and of retention)
useful expense with the fruits
received by the BP in good faith If LO does not appropriate luxurious
(Nuguid case) improvements, BPS can remove the

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JDPRO | REVIEWER
Acquire whatever has been built, Ball is in the court of the BPS. improvements) plus even if removal will not only (LO has no
planted or sown by paying damages cause damage subsidiary liability for
indemnity plus damages BPS can remove whatever has been value of materials
built, planted or sown regardless of because OM is
whether or not it will cause injury and considered in good
will be entitled to damages faith only insofar as
BPS is concerned)
If LO acquires whatever has been built,
planted or sown, BPS must be OM has no right to
indemnified the value thereof plus remove materials
damages even if there will be no
injury or damage
If LO does not acquire, BPS cannot
insist on purchasing land Option 2: To oblige To buy the land or pay Get indemnification
BP to buy the land or proper rent and liable to from the BPS
Bad Faith Bad Faith S to pay proper rent pay damages to LO
plus damages
Both in good faith
Option 3: To oblige To demolish or remove Liable to pay
BP to demolish or what has been built, damages due to
remove what has planted or sown and liable defects or inferior
DIFFERENT Landowner/BPS/Owner of Matterials been built, planted or for damages quality of materials
sown plus damages
Landowner Builder/Planter/Sower Owner of the
Materials Bad Faith Good Faith Good Faith
Good Faith Good Faith Good Faith To acquire what has To receive indemnity from TO receive indemnity
been built, planted or LO plus damages of materials
Option 1: To acquire To receive indemnity from To receive indemnity sown by paying principally from BPS
whatever has been LO with right of retention from BPS who is indemnity plus liable and in case BPS is
built, planted or sown over land until full payment primarily liable for to pay damages insolvent, subsidiarily
provided there is materials; if BPS is from LO
payment of indemnity insolvent, to proceed
(which includes value against LO who is Bad Faith Good Faith Bad Faith
of what has been subsidiarily liable with
built, planter or sown no right of retention Same Same No right to receive
plus value of indemnity for value of
materials used) materials from BPS
nor LO (who ends up
Option 2: To oblige To buy land or to pay To receive indemnity owning buildings or
BP to buy land or S to proper rent from BPS only (LO is trees)
pay rent unless value not subsidiarily liable)
of land is with right of retention
considerably more until full payment; or
than that of building
or trees To remove materials
if there will be no PRESUMPTIONS
injury on building or
trees and will have Art 446 All works, sowing, and planting are presumed made by the owner
material lien against
and at his expense, unless the contrary is proved.
BPS for payment of
materials
Disputable presumptions as to improvements:
Good Faith Good Faith Bad Faith 1. The works, sowing, and planting were made by the owner. and
2. They were made at the owner’s expense.
Same Whatever is the
choice of LO, the OM: He who alleges the contrary of these presumptions has the burden of
proof.
1. loses the materials
in favor of the BPS
EXPENSES
and Necessary expenses
 Made for the preservation of the thing, or
2. will have no right to  Those which seek to prevent the waste, deterioration, or loss of the
receive indemnity thing
from BPS nor LO Useful expenses
Good Faith Bad Faith Bad Faith  Expenses which add value to a thing or
 Augment is income
Option 1: To acquire BPS loses what has been (Since both BPS and
whatever has been built, planted or sown plus OM are in bad faith,
built, planted or sown liable for damages but is treat them both as if
without paying entitled to be indemnified they are in good ACCESION NATURAL
indemnity except for for necessary expenses faith.)
necessary expenses and luxurious expenses  Alluvium
for preservation of (should LO want to acquire Whatever is the
choice of the LO, OM  Avulsion
land and luxurious luxurious improvements)
expenses (should LO and has no right of removal has right to receive  Trees Uprooted
want to acquire indemnity for value of  Change in Course of Rivers
luxurious materials from BPS  Formation of Islands

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JDPRO | REVIEWER
Accretion/ Alluvium – it is a natural process by which a land is attached When can the action be raised?
to an existing land by the gradual and imperceptible deposit of soil
particles brought about by the natural current of the river or to the ebb and o Two years from the detachment.
tide of the lake or creek over a long period of time. o After two years it now belongs to the owner to which
it is attached.
Alluvial Deposits: is the soil deposited on the estate fronting the river Why is there a prescription period  because rights may be waived.
bank; the owner of such estate is the riparian owner. Article 6.

Avulsion- A large chunk of land is detached and attached to another land TREES DETACHED
brought by strong current of water.
Art 460 Trees uprooted and carried away by the current of the waters
the process whereby the current of a river, creek, or torrent segregates belong to the owner of the land upon which they may be cast, if the owners
from an estate on its bank a known portion of land and transfers it to do not claim them within 6 months. If such owners claim them, they shall
another estate. pay the expenses incurred in gathering them or putting them in a safe
place.
Who is a riparian owner? Owner of the estate fronting the river bank
whose lands abate the rivers, sea, ocean, etc. Claim must be done in 6 months
Alluvion Avulsion o If not, the trees will belong to the owner of the land where
the trees have been cast to
 Deposit of soil is gradual  Deposit is sudden or abrupt
o Six months is a condition precedent and not a
 Deposit of soil belongs to the  The owner of the property from prescription period
owner of the property where which a part was detached
the same was deposited retains the ownership thereof o After a claim is made within 6 months an action may be
 The soil cannot be identified  Detached portion can be brought within the period provided by law for prescription
identified of movables

If improvements or trees are detached, the owner has 6 months to claim


the property.
ALLUVIUM
CHANGE of RIVER COURSE
Essential Requisites of Alluvium
Article 461. River beds which are abandoned through the natural change
 That the deposit be gradual and imperceptible; in the course of the waters automatically belong to the owners whose
 That it resulted from the effects of the current of the water; and lands are occupied by the new course in proportion to the area lost.
 That the land where accretion takes place is adjacent to the
However, the owners of the lands adjoining the old bed shall have the
bank of a river.
right to acquire the same by paying the value thereof, which value shall
not exceed the value of the area occupied by the new bed.
Reasons Why Alluvium Is Granted the Riparian Owner
They belong to owners occupied by the new course of the river

to compensate him for the loss he may suffer due to erosion
o In proportion to the area lost (if only one owner lost a
or the destructive force of the water and danger from floods;
portion of his land, the entire old bed should belong to
 to compensate him because the property is subject to him. If more than two, then in proportion to the area lost)
encumbrances and legal easements
 the interests of agriculture require that the soil be given to the The owners of land adjoining the old bed are given the preferential right
person who is in the best position to cultivate the same; to acquire the old bed by paying the value thereof
 since after all, it cannot be said with certainty from whom the
soil came (indeed, the identification of previous owners is o The indemnification shall not exceed the value of the
impossible), it may just as well be logically given to him who area occupied by the new bed (in case of disagreement,
can best utilize the property. bring the case to court.)
AVULSION
Law speaks of change of river course. If a river simply dries up or
Requisites disappears, the bed left dry will belong to public dominion

i. Segregation and transfer must be caused by the current of a


river, creek or torrent
FORMATION OF ISLANDS
ii. Segregation and transfer must be sudden or abrupt
Art 464 Islands which may be formed on the seas within the jurisdiction of
iii. Portion of land transported must be known or identifiable the Philippines, on lakes, and on navigable or floatable rivers belong to
the State.
Who owns avulsion?
Art 465 Islands which through successive accumulation of alluvial
 the owner of the estate to which the segregated portion belonged, deposits are formed in non-navigable and non-floatable rivers, belong to
retains the ownership thereof the owners of the margins or banks nearest to each of them, or to the
owners of both margins if the island is in the middle of the river, in which
 Where there had been accretions to the land adjacent to the bank case it shall be divided longitudinally in halves. If a single island thus
of a river, the riparian owner does not lose the ownership of such formed be more distant from one margin than from the other, the owner
accretions even if they are separated by avulsion from the land by of the nearer margin shall be the sole owner thereof.
the sudden change of the course of the river

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JDPRO | REVIEWER
An island belongs to the State as part of its patrimonial property if it Rights of Owner of Principal Rights of Owner of Accessory
is formed:
Good Faith Good Faith
 On the seas within the jurisdiction of the Philippines
Acquires the accessory, indemnifying Loses the accessory but has a right
the owner of the value thereof to indemnity for the value of the
 On lakes
accessory
Except: When value of accessory is
 On navigable or floatable rivers much more precious than the Has a right to demand separation
principal thing (469) even if it causes injury to the principal
If it is formed in non-navigable and non-floatable rivers: thing (469)
 It belongs to the nearest riparian owner or owner of the Except: When still separable, may
margin or bank nearest to it as he is considered in the demand separation (no adjunction May demand separation (469(
best position to cultivate and develop the island anyway)
 If it is in the middle of the river, the island is divided
Good faith Bad faith
longtitudinally in halves
 If the island formed is longer than the property of the Acquires the accessory and has a Loses the thing and has liability for
riparian owner, the latter is deemed ipso jure to be the right to indemnity for damages he damages
owner of that portion which corresponds to the length of may have suffered
that portion of his property along the margin of the river
Bad faith Good faith
 If a new island is formed between an existing island and
an opposite bank, the owner of the older island is Pays for the accessory plus damages Option 1: Demand the owner of the
considered a riparian owner together with the owner of principal to pay for the value of the
the land adjoining the bank for the purpose of Separate thing even if it is destroyed accessory plus damages
determining ownership of the island plus pay damages
Option 2: Demand separation even if
it causes the destruction of the
ACCESSION OF MOVABLE PROPERTIES principal thing plus damages

Art 466 Whenever two movable things belonging to different owners are, Bad Faith Bad Faith
without bad faith, united in such a way that they form a single object, the As if both are in good faith
owner of the principal thing acquires the accessory, indemnifying the
former owner thereof for its value.

Rules to determine principal: Commixtion (SOLIDS) and Confusion (LIQUIDS)


1. Accessory is the thing attached o If good faith
2. If it cannot be determined, of what is attached, the one which  In proportion to their share
is of greater value is the principal. o If one is in bad faith
3. If same value, the one with greater volume is the principal.  The one in bad faith loses his share
4. If same volume, greater merit is the principal. Owner who caused mixture Owner of the thing mixed into

Good faith or by chance Good faith or by chance


ADJUNCTION

 The union of two movable things belonging to different owners, in Each owner acquires a right Each owner acquires a right
such a way that they form a single object, but one of the component proportional to the part belonging to proportional to the part belonging to
things preserves its value. him, bearing in mind the value of the him, bearing in mind the value of the
things mixed or confused things mixed or confused
Requisites
Bad faith Good faith
1. There are two movables belonging to different owners
Loses the thing mixed or confused Acquires the thing mixed plus entitled
2. They are united in such a way that they form a single object; and plus liable to pay damages to damages

3. They are so inseparable that their separation would impair their


nature or result in substantial injury to either
SPECIFICATION

Imparting of a new form to the material belong to another, or making of


When separation of things united are allowed the material of another into a different kind

1. Whenever the separation can be done without injury Example: Flour made into bread, grapes into wine, clay into bricks

2. When the accessory much more precious, the owner of the Owner of material Builder
accessory may demand its separation even though the principal
Good faith Good faith
thing may suffer some injury
Right to indemnification for the value Shall appropriate the thing thus
 Owner who made or caused the union or incorporation shall of the material. transformed as his own,
bear the expenses for separation indemnifying the owner of the
Except: Material more precious than material for its value.
3. When principal acted in bad faith, owner of accessory may separate transformed thing.
even if the principal thing be destroyed To be indemnified.

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JDPRO | REVIEWER
Option 1: Appropriate the new thing to Appropriate the same after indemnity Modes of establishing:
himself, indemnifying the builder for for material.
his work. 1. Contract (two persons share in paying purchase price)
2. Law (easement in party walls, absolute community of property)
Option 2: Demand indemnity for the 3. Succession (in the case of heirs of undivided property)
material.
4. Testamentary disposition or donation inter vivos (testator prohibits
Good faith Bad faith partition of the property)
5. Fortuitous event or by chance (commixtion or confusion by accident)
Option 1: Appropriate the work to Loses his work. No right to indemnity. 6. Occupancy (two folks catch a wild animal in the jungles of Borneo)
himself without paying indemnity.
(Damages also?) Pay for the materials and damages.
Requisites of co-ownership:
Except: When for artistic or scientific Must pay indemnity and damages.
reasons, the thing has a value  There must be two or more or plurality of owners.
considerably higher than the material.  The object of the ownership must be a thing or right which is
The owner of the material cannot undivided
appropriate the work.  Each co-owner’s right must be limited only to his ideal share of
Option 2: Demand indemnity for the physical whole.
material plus damages. Characterestics of Co-Ownership

1. Two or more co-owners


2. Single object which is not materially or physically divided, over which
QUIETING OF TITLE. and his ideals share of the whole, each co-owner exercises
ownership, together with the co-owners
Remedy for the removal of any cloud (doubt, issue, uncertainty or 3. No mutual representation by the co-owners
question) with respect to the title of real property. 4. Exists for the common enjoyment of the co-owners
5. No distinct legal personality
ART 476 Whenever there is a cloud on title to real property or any interest
6. Governed first by the contract of parties
therein, by reason of any instrument, record, claim, encumbrance or
a. otherwise, by special legal provisions
proceeding which is apparently valid or effective but it is in truth and in
b. in default of such provisions, by this Title
fact invalid, ineffective, voidable or unenforceable, and may be prejudicial
to said title, an action may be brought to remove such clod or to quiet the
title. How to determine share

An action may also be brought to prevent a cloud from being cast upon (a) Law
title to real property or any interest therein. (b) Agreement
(c) No agreement = Equal shares
Requisites: General Rule: Co-Ownership can be terminated
1. Plaintiff or complainant has a legal or an equitable title to, or interest Exception: By succession but should not be longer than 20 years.
in the real property subject of the action
2. The deed, claim or proceeding claimed to be casting cloud on his
title must be shown to be, in fact, invalid or inoperative despite its
prima facie appearance of validity or legal efficacy Thanks to:
Prescriptibility of action Bea Notes, Rabuya, Deleon, Paras, Ateneo Property Reviewer
1. If plaintiff in possession, it does not prescribe. An action to quiet title
brought by a person who is in possession of the property is
imprescriptible.

2. If plaintiff not in possession, he must invoke his remedy within the


proper prescriptive period. Ten years if in good faith, 30 years if in
bad faith.

RUINOUS BUILDINGS AN TREES IN DANGER OF FALLING

Art 482 If a building, wall, column or any other construction is in danger of


falling, the owner shall be obliged to demolish it or to execute the
necessary work in order to prevent it from falling.

If the proprietor does not comply with this obligation, the


administrative authorities may order the demolition of the structure at the
expense of the owner, or take measures to insure public safety.

CO-OWNERSHIP

Form of ownership whereby two or more persons owned in common,


together or jointly the entirety of a single and undivided property but after
which each of them is the only and absolute owner of his aliquot, ideal or
spiritual share.

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