PROPERTY
CONCEPT/QUALITIES
Thing (res) is that which exists. It is a
comprehensive term, and is twofold:
(1) Property, or that which is
susceptible of appropriation or is
already owned (res alicujus)
(2) Thing which is not susceptible of
appropriation and cannot be
owned.
Property as a legal concept, has the
following qualities:
(a) Utility – capacity of being useful
or to satisfy some human wants;
(b) Individuality – having existence
of its own and apart from some
other thing;
(c) Appropriability – susceptibility
of being possessed and owned.
Included here is a thing which there is no
owner yet (res nullius) but van be owned
and appropriated.
On the other hand a thing which is not
susceptible of appropriation is not
property. Examples are common things
(res communes) such as air, wind,
sunshine. These are for the benefit of all,
an not exclusively of one.
A human person is not a property, nor
even his body while he is still alive. But
under certain conditions allowed by law,
he may donate part of his body like
blood or an organ
Encoded and Compiled by NAPA 1
CLASSIFICATIONS IMPORTANCE OF CLASSIFICATION
Real/Immovable --------- (Nature/Mobility) ---------- Personal/Immovable 1. Private International Law
Real prop: law of country of location
applies;
Personal prop: law of nationality/domicile.
Public ------------------------------- (Ownership) ----------------------------- Private
2. Criminal Law
Real Property: If illegally occupied, crime is
Divisible --------------------------- (Divisibility) ------------------------ Indivisible usurpation of property;
Personal Property: If illegally taken, crime is
robbery or theft.
Fungible ------------- (Susceptibility to Substitution) ----------- Non- fungible 3. Procedural Law
Real: Court of location has jurisdiction;
Personal: Court of residence of owner has
jurisdiction.
Consummable -------------– (Consummability) ----------– Non Consummable
4. Contracts
Real: Real Estate Mortgage, antichresis;
Personal: Chattel Mortgage; loan, mutuum,
Principal ---------------– (Dependence or Importance )------------– Accessory deposit, pledge.
5. Donation
Real: public instrument is required.
Personal: Oral is sufficient, but written
Corporeal –---------- (Manifestation to Senses) –------------ (Non Corporeal) instrument if value is Php 5000 plus.
6. Prescription
Real property: Period of 10/30 years
Personal property: Period of 4/8 years.
Real Rights Personal Rights
(jus in re) (jus in personam or ad rem) 7. Registration
Object is real/personal property Object is prestation and obligation Real property: With Registry of Deeds
Personal property: With specified agency:
LTO: motor vehicle; PCG: marine vessel
 PRINCIPAL PROPERTY

ACCORDING TO NATURE/MOBILITY ACCORDING TO OWNERSHIP

REAL/IMMOVABLES PERSONAL/MOVABLES MIXED/ PROPERTY OF PATRIMONIAL PROPERTY OF

SEMI-MOVABLES PUBLIC DOMINION PROPERTY PRIVATE
1. Lands, buildings, roads, 1. Those not included in OWNERSHIP
and other constructions list of immovable in 1. Movables Owned by the Stated or
adhered to the soil; Art. 415 immobilized by its political subdivisions Owned by the state or Owned by private
2. Trees and plants while destination or in their public sovereign its political subdivisions person/s either
attached to land or are 2. Real property through capacity: in their proprietary individually or
integral part of considered personalty attachment, such as function or their collectively as in co-
(a) For public use such
immovable by special provision of machines and private/juridical ownership, corporation
as roads parks and
3. Everything law, eg. Chattel paintings as in 4 capacity; association, partnership
bridges constructed by
attached/fixed to Mortgage Law; and 5 of $15 and other juridical
the State or its political
immovable and cannot May be acquired entity.
subdivisions, also
be removed without 3. Forces of nature 2. Immovable treated privately by contract or
shores, roadsteads, and
damage to it; brought under control as movables prescription;
there of similar
4. Statues, paintings, and by science; because capable of
character; Or
others for use as being transported , Formerly of public
ornamentation placed 4. In general, those that dismantled and (b) For public service, dominion, but no longer
By owner of land or can be removed or removed without like government for public use o service
building, with intention transported without damage buildings and vehicles; and converted by formal
to attach them impairment to and declaration of the
permanently; immovable to which 3. Immovables treated executive/ legislative.
(c) For development of
5. Machinery, instruments they are attached; by parties as
national wealth like
or implements placed by movables, such as
minerals, coal forest and
owners of tenements to 5. Obligation and actions building covered by
other natural resources;
meet directly needs of whose objects are chattel mortgage.
industry or works movables or money; (The agreement is
Property of public
carried threat; not binding on
dominion for public use
6. Animal houses, beehives 6. Shares of stocks and third party by only
or service is outside the
fishponds placed by their certificates on the parties
commerce of men. It
owner with intention to themselves who are
cannot be: alienated,
attach them permanently 7. Intellectual property, estopped form
leased, or contracted;
on the land; like copyrights, patents, questioning the
acquired by
7. Mines, quarries while and trademarks. treatment of the
prescription,; or subject
forming parts of bed and building as
or attachment or
waters movable).
execution.
8. Contracts for public
works, servitudes and
real rights over
immovable

Encoded and Compiled by NAPA 2


CONCEPTS/RIGHTS/RESPONSIBILITIES
Concept. Ownership is the right of
enjoyment, use, and control of a
property, and the right to dispose of
and recover it, subject to limitations
established by law and the rights of
other persons. (Art. 427)
Rights. As an owner of the property,
he is conferred the following(Art. 428):
(1) right to possess (jus possidendi)
(2) right to use and enjoy (jus utendi)
(3) right to the fruits (jus fruendi)
(4) right to the accessories
(jus accessionis)
(5) right to consume (jus abutendi)
(6) right to dispose (jus disponendi)
(7) right to recover (jus vindicandi)
The enumerated rights may be
separated from the naked ownership
or bare title, as in a contract of lease
where the lessor retains ownership
while the lessee is given the use and
possession of the property. So also in
usufruct where the right to possess,
use, and enjoy the fruits is transferred
by the owner to the usufructuary
either gratuitously or onerously. In
residential subdivision, the residents
have beneficial ownership of the
roads, open spaces, alleys, clubhouse.
Encoded and Compiled by NAPA 3
OWNERSHIP
RECOVERY OF POSSESSION/ OWNERSHIP
Responsibilities. An owner or lawful The owner may avail of the following
possessor may use such force as may actions and remedies, depending on
be reasonably necessary to repel or whether:
prevent an actual or threatened
unlawful physical invasion or (a) the property is personal or real;
usurpation of his property (Art. 429). (b) on the length of the dispossession
It must be reasonable force to be
exercised at the time of the actual or A. Personal Property –
threatened dispossession to regain
possession of his property. The suit is the principal action for
Replevin, the provisional remedy of
An owner must respect any easement writ of replevin for the immediate
or servitude on his property, and delivery of the property to the plaintiff
cannot make use of his property in upon the filing of a bond and his
such manner as to injure the rights of retention thereof pendent lite (Rule 60).
third person (Arts. 430 & 431). The suit must be filed within the
prescriptive period of 4 years or 8
Actual possession under claim of years from the time of possession
ownership raises a disputable depending if the holder has good or
presumption of ownership. Hence, the bad faith.
true owner deprived of possession
must resort to legal means, including B. Real Property –
judicial process, to recover the
property. He must rely on the strength Accion interdictal or ejectment suit,
of his title and not on the weakness of which involves mere physical
the defendant’s claim. He must also possession or possession de facto.
identify the property with certainty,
such as in the case of land, its location, v Forcible entry, when the
area and boundaries (Arts. 433 & 434). dispossession was effected by force.
Intimidation, strategy, threat,
stealth (FIST); and
v Illegal detainer, where the
possession by the defendant was at
first lawful but became unlawful
later.
This summary action is filed with the
proper MTC within 1 year from the
forcible entry or last demand to vacate
in the case of illegal detainer. It
requires proof of prior physical
possession and/or the termination of
the right to possess by the defendant.
Accion publiciana, possessory action
filed when accion interdictal has
prescribed, and within 10 years
prescription therefrom, with the
proper RTC. The issue is possession de
jure or the better right of possession.
The remedy of preliminary injuction
may be granted, though sparingly,
when the plaintiff has clear positive
right over the property and defendant
clearly not entitled thereto.
Accion reinvindicatoria, also known
as reivindicatory action is filed within
the same prescriptive period as accion
publiciana with the proper RTC. It
involves both the issue of possession
and ownership, that is:
(a) that the plaintiff is the owner of the
land or possessed it in concept of
owner; and
(b) the defendant dispossessed him of
the land.

CONCEPT AND JURISPRUDENCE
Meaning: As a form of ownership, co-
ownership exist when an undivided
thing or right belongs to or is share
by several persons (Art. 484). A co-
owner owns an ideal/aliquot share of
the property but it cannot be
determined yet which specific portion
thereof it is.
Also, a co-owner’s share may be equal
or unequal to the shares of the other
co-owners.
Say, an aunt donated ½ of the land to
a niece and ¼ each to 2 nephews,
without specifying which portions of
the land.
Jurisprudence:
(a) In a valid marriage, the law
provides for an absolute community
of property which is a co-ownership
between the spouses;
(b) In a marriage declared void ab
initio, the property regime to be
partitioned and distributed is that of
equal co-ownership;
(c) In bigamous marriage or
adulterous relationship, each partner
must prove his/her actual
contribution to the acquisition of the
property in order to lay claim to a
portion thereof proportionate to
his/her respective contribution.
Encoded and Compiled by NAPA 4
CO-OWNERSHIP
RIGHTS OF EVERY CO-OWNER
1. May use the co-owned property,
(a) in accordance with its purpose;
(b) without injury to the interest of
the co-ownership; and
(c) allowing other co-owners to use
it according to their rights (Art. 486).
2. May bring an action (accion
interdictal, publiciana, reinvindictoria)
affecting the co-ownership in behalf
of himself and the other co-owners.
(Art. 487)
3. May compel, after due notice if
practicable, the other co-owners to
contribute to the expenses for
preservation (not just useful expenses
or for pure luxury) of the common
property and to taxes. (Arts. 488-
489).
4. Shall have full ownership of his
part and of the fruits and benefits
thereof, and may alienate, assign or
mortgage his ideal share, and even
substitute another person in its
enjoyment except when personal
right is involved. (Art. 493)
5. May demand at any time the
partition of the property, insofar as
his share is concerned, except when:
(a) The owners agreed to keep thing
undivided for a period not
exceeding 10 years extendible by
another agreement;
(b) The donor or testator prohibited
partition for maximum period of 20
years;
(c) Prohibited by law; or
(d)Partition will render the property
unserviceable as intended (Arts.
494-495).
TERMINATION OF CO-OWNERSHIP
1. When there is partition, judicial or
extrajudicial, of the respective shares of
the co-owners.
2. When one co-owner acquires all the
interest of the other co-owners in the
property.
3. When the co-owned property is:
(a) Completely destroyed or lost;
(b) Acquired by prescription by a third
person
(c) Sold by the co-owners who then
distribute the proceeds among
themselves.
4. When a co-owner repudiates the co-
ownership, that is:
(a) Claims the property as exclusive
owner;
(b) Does acts of exclusive ownership
such as paying the property taxes
therefor; and
(c) Possesses it adversely for a period
allowing acquisitive prescription.
5. When a co-owner actually and
exclusive possesses and enjoys a
definite portion of the property, with the
conformity or acquiescence of the other
co-owners, that portion is excluded from
the co-ownership.
PARTITION
The right of a co-owner to partition is
imprescriptible and not barred by
laches, absent a clear repudiation of
the co-ownership by another co-owner
communicated to all co-owners (Arts.
494-495). When there is successful
repudiation, the period for
prescription against partition begins to
run.
In an action for partition, the court
must first resolve whether there exists
co-ownership. If there is none, the
action is dismissible.
The co-owners cannot demand a
physical division of the property in
common, when to do so would render
it unserviceable for the use for which
it is intended (Art 495)
When the property is essentially
indivisible, (a) the co-owners may
agree to allot the property to a co-
owner who may indemnify them their
respective shares; (b) if they cannot
agree, the property shall be sold and
its proceeds distributed proportionate
to their respective shares (Art. 498).

CONCEPT
A. Meaning and Requisites
Possession is the holding of a thing or 1.
enjoyment of a right [523].
There must be occupancy or control of
the thing or right, and with the
intention to posses.
The intention can be inferred when the
thing is under the power and control
of the possessor, as in the crime of
illegal possession of firearm.
The thing must be appropriable to be
object of possession [530], that is, it is a
property.
B. Degrees of Possession
1. With juridical title, such as that of a
lessee, agent, pledgee, and trustee.
They have a juridical relation, either
by law or contract, with the owner.
2. With just title, such as that of a
possessor in good faith who acquired
the thing from a seller who was not
the true owner.
3. With title in fee simple which is
that of the owner himself.
4. Without any title, whatever such as
that of a thief or squatter. The latter’s
possession is by mere tolerance.
Encoded and Compiled by NAPA 5
POSSESSION (A)
KINDS OF POSSESSION
A. Classes of Possession
(a) In one’s own name, such as that of
the real owner;
(b) in the name of another, such as that
of an agent [524].
The latter (b) may be:
§ Physical or material possession
e.g. mere custodian of funds like a
bank teller; or
§ Judicial possession
e.g. an agent who receives proceeds of
sale and may retain the same for as
long as his commission is not paid
2. (a) In the concept of owner, that is,
possession by the owner himself or
who claims and acts an owner even if
he is not; or
(b) In the concept of holder, that is,
the possessor acknowledges that
another is the owner
e.g. lessee, pledgee, usufructuary,
depositary, and bailee.
3. (a) In good faith, that is, possessor
who is not aware of any defect that
invalidates his title;
(b) In bad faith, that is, a possessor
who is aware of such defect.
4. (a) Actual possession, that is,
occupancy in fact of the thing, wholly
or partially;
(b) Constructive possession, that is,
occupancy of a part which is deemed
by law to extend to control of the
whole. In the case of the latter, the
possessor must be able to subject the
entire property to the action of his will.
B. Possession in the concept of
owner
It is the possession in the concept of
owner that can serve to acquire
ownership by prescription [540]:
§ Movables: 4 or 8 years
§ Immovables: 10 or 30 years
Depending on the presence or absence
of good faith and just title
However a Torrens certificate of title
over land is imprescriptible.
An exception: a forged document may
be the root of a valid title, as when the
certificate of title has been transferred
to the name of the forger or of a
person chosen by the forger, and the
land is sold later to an innocent
purchaser for value (IPV).
C. Possession in the concept of
holder
Lessee, depositary, agent, trustee,
those who acquire possession by
threat or intimidation, and those
whose possession is merely tolerated,
cannot acquire dominion by
acquisitive prescription
ACQUISITION
A. Possession is acquired by 531
1. Material occupation of a thing or
exercise of a right.
2. Subjection of thing or right to
one’s will.
3. By proper acts and legal
formalities established for
acquiring the right of possession.
Examples of the last are succession,
donation, sale, and writ of possession.
Possession may be acquired by the
person who is to enjoy it or through a
legal representative. It may even be
through an unauthorized person
provided his possession is ratified
later by the principal.
B. Possession may NOT be:
1. Acquired through force or
intimidation as long as there is a
possessor who objects thereto.
[536].
2. Affected by acts merely tolerated
and those executed clandestinely
and without the knowledge of
the possessor, and by violence
[537].
These acts cannot ripen into
ownership.

POSSESSION IN GOOD FAITH
A. Benefits of the possessor in
good faith
1. Entitled to fruits received before
possession was legally terminated
[544]. If his possession is legally
terminated, his entitlement to the fruits
continues.
2. Entitled to proportionate right to
natural and industrial fruits, and
obliged to proportionate part of
expenses of cultivation and of charges
[545].
3. May retain thing until reimbursed of
necessary and useful expenses [546].
4. May remove useful improvements if no
damage is done thereby to principal,
unless the possessor who recovers
possession refund the expenses or pay
increase in value of the thing.
5. Not entitled to right of refund of the
expenses for pure luxury or mere
pleasure, but may remove ornaments if
no damage is caused thereby to the
principal thing, unless the possessor who
recobers possession opts to refund.
6. Not liable for deterioration or loss of
thing, unless he is guilty of negligence
or quasi delict under Article 2176 [552].
There may be good faith and
negligence at the same time.
Encoded and Compiled by NAPA 6
POSSESSION (B)
B. Good faith and bad faith
[526]
A possessor in good faith is one who
is not aware of any flaw in his title or
in his mode of acquisition of his
possession.
A possessor in bad faith is one who is
aware of the defect.
A possessor in good faith may become
a possessor in bad faith when he
learns or becomes aware of the flaw in
his title or mode of acquisition of his
possession.
For example, when he is served the
judicial summons in a case filed by
one who claims the right of
possession/ownership of the
property. Of course, if he wins the
case it is as if his possession in good
faith was never interrupted.
RIGHTS/REMEDIES OF POSSESSION
A. Rights of possessor [539].
1. To be respected in his possession.
2. To be protected in his possession.
3. To be restored to his possession if
unjustly disturbed/ deprived
thereof.
B. Remedies of possessor
deprived of his possession:
1. Forcible entry and illegal
detainer.
2. Accion publiciana
3. Accion reinvindicatoria
4. Replevin
The first 3 remedies concern real
property while replevin applies to
personal property. A motion of writ of
replevin may be filed in the last
remedy.
Forcible entry is when possession by
the trespasser is illegal from the start,
and done with fraud, intimidation,
stealth, threat, or strategy (FISTS). In
illegal detainer, possession was legal
at the start but became illegal later, eg.
When the lease has terminated but the
lessee refuses without basis to vacate.
These remedies must be filed within 1
year from the illegal trespass/entry or
from the last demand to vacate. A
motion for writ of preliminary
injunction may be filed within 10 days
from the filing of the complaint.
C. Benefits recovery of possession
according to law
1. Entitlement to improvement
caused by nature or time [552].
2. NO obligation to pay for
improvements which ceased to
exist at time of the recovery [553]
3. Present possessor who shows
possession at some previous
time is presumed to have been in
possession during the
intermediate period, unless the
contrary is proved
D. Recovery of possession lost
He may be required to pay for
necessary expenses incurred in the
preservation of the thing, as when the
previous possessor was in good faith
[536]. Also, the latter may remove
useful improvements if the removal
thereof will not damage the principal
thing, unless the person who recovered
opts to refund the expenses or pay
increases in value [547].
Expenses for luxury are not refunded.
But the previous possessor in good
faith may remove them provided no
injury will caused to principal, unless
the possessor who recovered opts refund
the amount of expenses [548].

POSSESSION OF HEREDITARY
PROPERTY
The rules are the following:
1. Possession (and ownership) of
hereditary property is transmitted to
the heir at the moment of death of the
decedent. An heir who validly
renounces his inheritance is deemed
not to have possessed (and owned) it
at all [533].
The heir’s period of possession begins
at death of decedent. But for the
purpose of acquisitive prescription,
his period of possession may be
tacked on to the length of possession
of the decedent.
2. Heir will not suffer consequences of
wrongful possession of decedent if
unaware of the defect. But his good
faith will benefit him only upon the
death, the fruits of the property 4.
belong to the heir until such time that
he acquires knowledge of the defect.
The fruits thereafter shall belong to
the person who recovers validly the
property.
3. Minors and incapacitated persons 5.
may acquire possession such as in
succession. But they need assistance of
their legal representatives to exercise
right arising from possession such as
the reception of the fruits thereof
[535]. Excluded are insane demented
persons who cannot have intention to
posses (animus possidendi).
Encoded and Compiled by NAPA 7
POSSESSION (C)
PRESUMPTION IN POSSESSION
The legal presumptions in favor of a
possessor are:
1. His possession is with legal title,
and he is not obliged to show it
[541].
2. Possession of real property
includes possession of the
movables therein, if this is not
shown to be excluded [542].
3. Co-possessor of a commonly
owned/held property is deemed to
have exclusively possessed that
part allotted to him upon
partition, and for the entire period
of the co-possession [543].
Present possessor who shows his
possession at a previous time, is
deemed to have held possession
during the intermediate period, in
the absence of contrary proof
A possessor, who recovers
according to law possession
unjustly lost, is deemed enjoy it
without interruption [561]. This is
important for the purpose of
acquisitive prescription.
PREFERENCE IN POSSESSION
In case of dispute as to which party
has rightful possession preference is
given in the following order to:
1. The present or actual possessor.
2. If there are 2 possessors, the one
longer in possession.
3. If dates of the possession are the
same, the possessor who presents
a title.
4. If all conditions are equal, the
question will be determined by
the court in proper proceeding
[538].
This rule of preference does not apply
in co-possession of commonly
owned/held property where it is
possessed legally and equally at the
same time by 2 or more persons.
LOSS OF POSSESSION
Possession may be lost by [555]:
1. Abandonment of the thing.
The act must be voluntary and
without the hope of recovery (spes
recuperandi) or intention to return
(animus revertendi).
2. Assignment made to another,
either onerous or gratuitous.
3. Destruction or loss of thing,
either intentionally or
accidentally.
4. The thing goes out of commerce,
as when it is expropriated for
public use.
e.g. For a road or public market; it
becomes public property and not
subject to private ownership or
possession.
5. Possession by another for more
than a year except when the
possession by the other person
is by mere tolerance as in the
case of squatter [357].
Action for forcible or illegal detainer
where the issues is possession de
facto, can no longer be filed. After one
year, the owner’s or former
possessor’s remedy is either accion
publiciana or accion reinvindicatoriia
where the issue is possession de jure or
better right of possession.
 CONCEPT & KIND OF USUFRUCT
Usufruct is the right to enjoy
temporarily the property of 3. Mixed – created by law and
another with an obligation of
preserving its form and substance
(562). Usufruct may be constituted:
§ Total or Partial:
Such right of the usufructuary
includes the rights to use (jus
utendi) and the right to fruits (jus
§ Simple or Multiple:
fruendi), while the owner retains
the right to alienate or encumber
(jus disponendi) the property.
The usufructuary’s obligation to
preserve may be subject to the title
or law constituting the usufruct, as
for instance when the property is
consumable.
Kinds (563):
1. Legal – created by law, such
as the usufruct of parents
over the property of their
unemancipated children.
2. Voluntary – created by will of
the parties, either by
• act inter vivos as in contract
or donation; or
• act mortis causa as in a last
will and testament.
Encoded and Compiled by NAPA 8
RIGHTS OF THE USUFRUCTUARY
A. As to the property and its B. As to the usufruct itself:
by will of the parties. fruits:
1. To alienate the right of usufruct
1. To receive all the natural subject to its period (572), except
industrial and civil fruits of the parental usufruct.
property (566). Natural or
On the whole or part of the industrial fruits growing at the
2. To exercise the rights of a co-
thing start of the ususfruct, belong to the
owner with respect to the
usufructuary; those growing at the
administration and collection of
In favor of one or more end belongs to the owner (567).
fruits from the co-owned property,
usufructuaries Civil fruits accrue daily and belong
and after partition from his share
to the usufructuary in proportion (582).
§ From or to a certain day (with a to the period of the usufruct (569).
term), purely and conditionally
C. As to advances and damages:
(without term/condition or 2. To enjoy any increase which the
thing in usufruct may acquire
with condition).
through accession and servitudes 1. To be reimbursed for advances
for extraordinary repairs and
§ It may also be constituted on a established in its favor (571)
expenses on the property, and for
right provided not personal or 3. To enjoy personally the thing in
taxes on the capital (594 & 597).
intransmissible such as the usufruct or to lease it to another,
right to receive support (564) subject to the period of the 2. To retain the property until he
usufruct reimbursed for such advances
Next topics:
4. To bring an action for recovery (612).
The rights and obligations of the of the property, and to oblige the
3. To be respected in his usufruct
usufructuary are provided in the owner to authorize him for the
purpose and to provide him the in case of alienation of the
title constituting it. In default or
property by the owner, and to be
deficiency of such title, the New necessary proofs (578).
indemnified for damages caused to
Civil Code governs (565). 5. To make useful improvements
it by the latter (581).
or expenses for pleasure without
right of compensation, and to
remove the improvements
provided no damage is caused to
the property in usufruct.
6. To set-off the improvements
against any damage the
usufructuary may have caused to
the property.

OBLIGATIONS OF USUFRUCTUARY
A. Those before the usufruct begins:
C. Those at the termination of the
1. To make an inventory of the usufruct:
property and to give security for the
fulfillment of his obligations (583), but
1. To return the property in
may be excused when no one will be
injured thereby (585).
The giving of security is not required
of the donor who reserves the usufruct
of the property and the parents who
are usufructuries of their
2.
unemanicipated children’s property
(584).
B. Those during the usufruct:
1. To take care of the property as a
good father of the family (589).
2. To answer for damages to the
property caused by a person to
whom he has alienated or leased
his right of usufruct (590).
3. To make ordinary repairs, and to
notify the owner of urgent
extraordinary repairs which shall
be at the latter’s expense (592 &
593).
4. To permit works and
improvements by the owner on
the property not prejudicial to
the usufruct (595).
5. To pay annual taxes and charges
on the fruits, and to pay interest
on taxes on capital when such
taxes have been paid by the
owner (596 & 597).
6. To notify the owner of any
prejudicial act committed by
third persons (601);
7. To pay for court expenses and
costs regarding the usufruct
(602).
Encoded and Compiled by NAPA 9
USUFRUCT (B)
usufruct unless the
usufructuary has a right of
retention (612).
To pay legal interest on the
expenses for extraordinary
repairs made, and the proper
interest on taxes paid, by the
owner (594 & 597).
EXTINGUISHMENT OF USUFRUCTUARY
A. Usufruct is extinguished by 6. Termination of the right of the
(603): person constituting the usufruct,
as when he loses ownership of the
1. Death of the usufructuary, unless a property in a court case.
contrary intention appears as when
the duration of the usufruct is
7. Acquisitive prescription by third
dependent on the age of a third person adverse to the owner (1106
person for whose benefit the & 1117).
usufruct was constituted in favor
of several persons, it is
extinguished at the end of the last
usufructuary (611) B. Other causes of extinguishment
of usufruct:
2. Expiration of the period for which
the usufruct was constituted, or 1. Annulment or rescission of the
the fulfillment of any resolutory contract creating the usufruct.
condition provided in the title
creating the usufruct. The period 2. Mutual consent by the owner and
of usufruct in favor of a town, the usufructuary to rescind such
corporation, or association shall contract.
not exceed fifty years (605).
3. Emancipation of child, which
3. Merger of the usufruct and terminates parental usufruct.
ownership of the property in the
same person.
4. Renunciation of the usufruct by
the usufructuary, but not by his
bad use of the property in usufruct
(610).
5. Total loss of the property in
usufruct. If the loss is partial, the
right of usufruct continues on the
remaining part (604); as when the
usufruct is on a house and lot and
the house is destroyed, the
usfructuary has the right to make
use of the land and the materials
(607).

DISCRETA
Accession discreta gives the owner
the right to receive the following fruits
and income from the property (Arts
441-442):
1. Natural fruits – spontaneous
products of soil and
young/other products of
animal;
2. Industrial Fruits – produced
by lands through cultivation
or labor;
3. Civil fruits – rents of
buildings/lands, perpetual/l
ife annuities and similar
incomes
The above fruits belongs to the owner,
except in the ff. instances:
(a) When the possessor, than the
owner, is in good faith before it is
legally interrupted (Art 546);
(b) In usufruct, the fruits and income
belong to the usufructuary
(c) In lease of urban land, the natural
fruits belong to the lessee while
the owner gets the rentals (Arts
1680 & 1654);
(d) In pledge, the pledgee has the
right to the fruits, income,
dividends, or interest
(e) In antichresis, the creditor has
right to the fruits of mortgaged
property to be applied to the
payment of the interest and
principal
The recipient is obliged to pay the
expenses of 3rd persons in the
production, gathering and
preservation of the fruits
Encoded and Compiled by NAPA 10
ACCESSION CONTINUA INDUSTRIAL
CONTINUA (IMMOVABLES)
Accession continua involving
immovable properties and are of 2
kinds:
1. Accession continua industrial
General rule: whatever is built,
planted, or sown on the land and
improvements or repairs thereon
belongs to the owner of the land. The
disputable presumption is that all works,
sowing or planting were made by the
owner at his expense (Art. 445-446).
Specific rules for both landowner and
builder, sower are both in good faith or
bath faith or only one are on the next page
(Arts. 447, 448, 449-452, 453 & 454)
2. Accession natural
(a) Alluvium - (natural water current)
accretion received by river bank
gradually from current of waters
belongs to owner of land
adjoining the bank (Art. 457); land
left dry by natural decrease of
waters in ponds or lagoons
belongs to the State (Art. 458)
(b) Avulsion – (flood) owner of the
land from which portion is
transferred to another’s land by
force of current of river, creek, or
torrent, may recover same within
2 years (Art 459); owner of trees
uprooted and carried out to
another’s land, may claim 6
months but must pay expenses.
CONTINUA (MOVABLES)
(c) Natural Change of River Course Accession continua involving movable
– abandoned river beds belongs properties are of 3 kinds:
to the owner whose land is now
covered by the new river bed in 1. Adjunction or conjunction when 2
proportion to area lost, but or more movables are joined, as in
owners of the lands adjoining the accessory to principal
now dry bed may acquire the (Art 466-471).
same by paying its value (Art.
461). The new river bed is of 2. Mixture of solids called
public dominion belonging to commixtion, and mixture of liquid
the State (Art. 462). called confusion (Arts 472-473).
(d) Portion of land – owner retains 3. Specifications in painting or
ownership of portion isolated or sculpting (Art. 474).
separated from his estate by
current of river dividing into
branches (Art. 463).
(e) Formation of island – islands
formed on seas, lakes and
navigable river belongs to State
(Art. 464); island formed in non-
navigable river belongs to owner
of nearest bank, or if in the
middle thereof to owners of both
banks and to be divided
longitudinally (Art. 465).
 ACCESSION CONTINUA INDUSTRIAL
ARTICLE 448
LAND OWNER (LO) Good Faith
1. Has option to appropriate
what was built, planted, or
sown, after indemnifying
the necessary expenses;
2. Or to obliged B/P to pay
price of land;
S to pay proper rent
3. May compel BPS to
remove what was built,
planted, or sown, if the
latter fail or refuse to pay
price of land or pay rent
BUILDER PLANTER Good Faith
SOWER (BPS)
1. If LO choose to appropriate,
BPS may retain works,
planting or sowing until
indemnified, but must
account for fruits
2. BP cannot be obliged to buy
land if value considerably
more than that of
works/trees
3. Hence, BP shall pay rent
provided LO did not choose
to appropriate (court will fix
terms of lease if parties
cannot agree thereon).
Encoded and Compiled by NAPA 11
ARTICLE 449 to 452 ARTICLE 453 ARTICLE 454, 457
Good Faith Bad Faith Bad Faith
1. Has option to appropriate 1. Same in Art. 448 1. May become owner but
what was built, planted, or must pay value of work,
sown with obligation to pay LO is in bad faith if he knew planting, or sowing.
only necessary expenses for and did not oppose the act of
the preservation of the land. building, planting or sowing. 2. To pay damages also.
2. Or to demand removal or
demolition of what was
built, planted, or sown at
BPS expense
3. Or to compel BP to pay price
of land, even if the value of
improvements and S the
proper rent. Always entitled
to damages
Bad Faith Bad Faith Good Faith
1. Loses what is built, planted, 1. Same in Art. 448 1. Has priority option to
sown, without right to remove, works, planting
indemnity. The bad faith cancel each or sowing; whether or not
other injury is cost thereto.
2. To be reimbursed only for
necessary expenses of 2. With right to be
preservation of land. indemnified for damages.
 ARTICLE 455, New Civil Code
Owner of the Material (OM); Builder Planter Sower (BPS); Land Owner (LO);

1 2 3 4 5 6 7
OM OM - Bad Faith OM - Bad Faith OM - Bad Faith OM - Good Faith OM - Good Faith OM - Bad Faith
BPS BPS – BF/GF BPS - Bad Faith BPS – Good Faith BPS - Bad Faith BPS – Good Faith BPS - Bad Faith
LO LO – BF/GF LO - Bad Faith LO – Good Faith LO – Good Faith LO - Bad Faith LO – Good Faith

1. BPS to pay OM, and If all parties in 1. OM forfeits 1. BPS is liable to 1. LO to pay 1. LO may:
under Art. 488: BF, as if they are material, and is OM for value of value of § Appropriate work,
in good faith. liable to BPS materials plus material plus reimbursing only
§ LO may appropriate and/or LO for damages damages to necessary
work after paying Hence, as in consequential OM; expenses for
necessary expenses same in column damages; 2. If BPS is insolvent, preservation of
§ Or LO may oblige no. 2 LO is liable 2. BPS and OM land,
BPS to buy the land 2. Then, Art. 448 subsidiarily to may remove § Or demand
or pay rent applies as between OM for value of work even if removal of works
§ If BPS refuses to BPS and LO who material not for injury is § Or compel BPS to
buy, LO may are in GF damages; caused, and buy the land
demand removal of are entitled to unless
work 3. In either case, LO damages considerably more
may: in value, or to pay
2. If BPS is insolvent, rent;
§ Appropriate
§ LO shall pay work reimbursing 2. In any of the vase,
subsidiarily to OM only necessary LO has right to
and then: expenses for damages;
§ LO may appropriate preservation of
work, without need land, 3. OM and BPS being
to pay BPS both in BF, it is as if
§ Or LO may oblige § Or demand they are in GF to
BPS to pay price of removal of work, each other, hence
land or pay rent OM is entitled to
§ Or compel BPS to reimbursement
pay price of land from BPS
or pay rent.

Encoded and Compiled by NAPA 12

 ACCESSION WITH RESPECT TO MOVABLE PROPERTY
ARTICLE 467-468 ARTICLE 466, 469 ARTICLE 470 ARTICLE 472-473 ARTICLE 471, 474

PRINCIPAL Both owners of principal Owner of principal is in Bad Mixture/confusion of 2 A. Owner of material did not
and accessory in Good Faith Faith things by will of both, consent
1. That to which or only one, owner/s in
accessory is united as 1. If 2 things united from a If things not seperable Good Faith 1. May demand delivery of thing
an ornament or for its single object, owner of without injury to them, equal in kind and value as the
use or perfection principal acquires owners must have If things not separable material
accessory but must pay the proportionate rights based on without injury to them,
2. Of greater value value of accessory value of things owners have 2. Or ask for payment of price of
mixed/confused proportionate rights based material;
3. Of greater volume 2. But any of the owner may on value of things
demand separation of Owner of accessory – Bad mixed/confused. 3. Entitled damages in either case.
4. Of greater merit (e.g. things united, if it can be Faith
painting over canvass) done without injury; B. Owner of material in GF
1. He loses accessory;
Owner who caused
3. If accessory more precious 2. And liable for 1. If material more
than principal, its owner damages mixture/ confusion in precious/valuable, may
ACCESSORY may demand separation Bad Faith appropriate new thing after
even in if injury is caused paying value of work
That which is united to to the principal Both owners in Bad Faith
principal as an ornament or 1. Loses what he owns; 2. Or demand payment for the
for its use or perfection. As if both in GF, Arts. 466 and material.
469 apply 2. And liable for
damages C. User of material in GF

Shall appropriate new thing, but

may pay value of material

D. User of material in BF

Owner of material may appropriate

new thing without paying anything;

Or demand from user payment for

the material plus damages

Owner of material cannot

appropriate if, for artistic or scientific
reason, the new thing is considerably
more valuable than material

Encoded and Compiled by NAPA 13


CONCEPT
A. Meaning of easement/servitude
(a) It is an encumbrance upon an
immovable called the dominant
estate – belonging to another person
(easement of common law, Art. 613)
(b) Or in favor of a community or a
person to whom the servient estate
does not belong (servitude of civil
law, Art. 614)
B. Qualities of easement/servitude
1. Inseparability. Easements are
inseparable from the estate to which
they actively or passively belong
(Art. 617); they are transmissible,
cannot be alienated or mortgaged
independently of the estate, or
assigned to another immovable.
2. Indivisibility. Partition of either the
servient or dominant estate between
two or more persons does not affect
the existence of the easement
Encoded and Compiled by NAPA 14
EASEMENT AND SERVITUDE
KINDS
1. Continuous easement vs.
Incessant without the
Intervention or act of man
2. Apparent easement vs.
With external signs
(Combination: C/A, C/NA, D/A, D/NA)
3. Positive easement vs.
Allowing something to be
Done or doing it himself
4. Legal easement vs.
Established by law
5. Public easement vs.
Vested in the public at large
Or in some class indeterminate
individuals
Discontinuous easement
Used at intervals and depends
on the act of man (Art. 615).
Non-apparent easement
Without external signs (Art. 615)
Negative easement
Prohibiting the doing of something
something which can be done
If there was no easement (Art. 616)
Voluntary easement
Established by will of the owners
Private easement
Vested in a determinate
individual or certain persons
ACQUISITION
Easement/Servitude may be acquired
by:
1. Title, that is, by judicial acts like
law, donation, contract, will (Art.
620). This applies to all
combinations: C/A, C/NA, D/A,
D/NA.
2. Prescription of 10 years through
adverse possession or frequent
exercises (Art. 620). This applies
only to C/A, either:
(a) positive from the day the dominant
owner begins to exercise it, eg party
wall
(b) negative from the day in which
notarial prohibition is made on
servient owner, eg not to obstruct
passage of light.
3. Deed of recognition by servient
owner eg right of way (Art 623).
4. Final judgment eg court declares
existence in an action filed for the
purpose (Art. 623).
5. Apparent sign establisghed by
owner of two adjoining estates.
Then one estate is alienated and the
easement continues actively or
passively unless at time of division,
it is provided that the easement will
cease or the sign removed before
execution of deed (Art 624).

RIGHTS OF OWNER
A. Dominant Owner
1. Exercise all rights necessary for the use
of the easement (Art. 625), eg right to
draw water must have passage, but
only for the benefit of the immovable
originally contemplated (Art. 626).
2. Make on the servient estate all
necessary works for the use and
preservation of the easement (Art. 627)
but without altering it or making it
more burdensome, eg to pave the road
in the right of way. It is necessary to
notify the servient owner, and perform
the work at the most convenient time
and manner.
3. Renounce the easement if dominant
owner desires to be exempted from
contributing to necessary expenses (Art.
628).
B. Servient Owner
1. Retain ownership of the servient
estate or portion thereof over which
casement is constituted (Art. 630)
2. Make use of the easement unless
there is agreement to the contrary
(Art. 628).
3. Change place or manner of use of
easement, provided it be equally
convenient (Art. 629).
Encoded and Compiled by NAPA 15
EASEMENT AND SERVITUDE
OBLIGATIONS OF OWNERS
A. Dominant Owner
1. Cannot alter easement or make it more
burdensome to the servient estate (Art. 627).
2. Notify the servient owner of work necessary
for the use and preservation of the easement
(Art. 627)
3. Do the work at most convenient time and
manner to cause least inconvenience to
servient owner (Art. 627)
4. Contribute to the expenses of maintenance; if
more than one dominant owner, contribution
must be proportionate to benefits (Art. 628).
B. Servient Owner
1. Not impair the use of the easement (Art.
629).
2. Contribute to necessary expenses if servient
owner also uses the easement (Art. 628).
EXTINGUISHMENT OF EASEMENT
Easement/servitude are extinguished are:
1. Merger in one person of the ownership of
both dominant and servient estates.
2. Non-use for 10 years. Count:
Discontinuous Easement: from day not used,
Continuous Easement: from day an act contrary
to easement happens
3. Dominant and/or servient estates fall into
condition wherein the easement cannot
be used, eg flood permanently
submerging the land. If the easement is
revived, it has not yet prescribed.
4. Expiration of term or fulfillment of
condition, in conditional or temporary
easement.
5. Renunciation by dominant owner
6. Redemption agreed upon by dominant
and servient owners, such as payment of
certain sum, doing of an act, or other
prestation.
In co-ownership, there is no prescription for as
long as one of the co-owner exercises the
easement
(Art. 633).

RELATING TO WATER
1. Natural drainage
Servient estate to receive water
naturally flowing from upper
dominant estate (Art 637).
2. Riparian banks
3 meters in entire length of banks, for
navigation, floatage, fishing and
salvage (Art. 638). Indemnity is due
if land is private.
3. Dam
Abutment on private land the
indemnity to the landowner.
4. Drawing water and
watering of animals
Only for public use of town or
villages. Servient owner to allow
passage but be indemnified. (Art 640-
641)
5. Aqueduct
To allow water for dominant estate
to flow through intervening estates
to flow through intervening estates,
but with indeminity and most
convenient and least onerous way
(Art. 642-643). If for private interest,
the easement cannot be over
building, courtyard, annexes or
outhouses, orchard or garden
already existing (Art. 644).
Encoded and Compiled by NAPA 16
LEGAL EASEMENTS (A)
RIGHT OF WAY
Requisites for easements of right of way
1. Owner of enclosed immovable or one with
real right to it.
2. No adequate outlet to public highway.
3. Right of way absolutely necessary and not
mere convenience.
4. Isolation not due to owner’s own act (Art.
649).
5. Established at point least prejudicial to
servient estate, that is, shortest and least
damaging.
6. Payment of proper indemnity, that is: value
of land if easement is continuous and
permanent, damages if not (Art. 650).
Width of the right of way must be sufficient to
the needs of dominant estate, and may be
changed from time to time (Art. 651)
1.
If the enclosed estate was sold by the owner of
surrounding estates, he must give right of way
(Art. 652). If it was by donation and not sale,
indemnity is due to donor for the exercise of the 2.
right of way. If vendor’s land becomes isolated,
he may demand right of way but with
indemnity to the buyer; no indemnity is due if
donation (Art. 653).
3.
Dominant estate estate to shoulder costs
necessary for repair and proportionate share of
taxes (Art. 654)
4.
Easement (Right of way) extinguished if:
1. Isolated estates is joined to estate
abutting public road;
2. The opening of new public roas gives
access to the estate (Art. 655).
PARTY WALL LIGHT AND VIEW
Meaning of party wall Easement of light
Right to admit light from the
It is a common wall separating two
neighboring estate by virtue of
estates, built by common agreement
the opening of a window or the
at dividing line and occupying
making of an opening (Art. 667).
equal portion of the estates (Art.
658).The party wall is co-owned or
Easement of view
part-owned.
Right to make openings or
windows, to enjoy the view
Contrary exterior signs
through the estate of another and
Some exterior signs that is contrary power to prevent all
to the existence off an easement of constructions which would
party wall are: obstruct or make difficult such
1. There is window or opening in view (Art 670-673).
the wall.
2. Entire wall is built within the Party wall.
boundaires of one estate No part-owner may, without
(Art.660). consent of the other, open
through the party wall any
Right/Obligations window or aperture of any kind
(Art 667), unless through
Cost of repair and maintenance
prescription of 10 years (Art. 668)
is proportionate to right of use
(Art. 662).
One may waive the easement to
avoid sharing in the cost, except
if party wall supports his bldg.
(Art. 662)
Every owner may raise height
of party wall but at his own
expenses (Art. 664).
Every part-owner of a party
wall may use it in proportion to
his right in the co-ownership,
without interfering with the
common and respective uses of
the other co-owners (Art. 666).

DRAINAGE OF BUILDING
General Rule. The owner of
building is obliged to construct the
roof in such manner that rain
water shall fall on his own land or
on street or public place, and not
on land of his neighbor. He is
obliged to collect the water falling
on his own land so as not to cause
damage to the adjacent estate (Art.
674).
Requisites for easements. In case
of a house surrounded by other
house:
(1) No adequate outlet to rain
water.
(2) Outlet must be at point where
egress is easiest
(3) Conduit for drainage must be
established
(4) Payment of proper indemnity
(Art. 676).
Encoded and Compiled by NAPA 17
LEGAL EASEMENTS (B)
DISTANCES AND WORKS
National Building Code. The code
governs the construction of works
and structures. Further, the owner
must take necessary protective
works or other precautions to
avoid damage to neighboring
estates.
Rules regarding trees
1. The planting of tall trees must
at least be 2 meters from the
dividing line. In case of shrubs,
50 cm. In case of non-
compliance, a neighbor may
demand uprooting of tree. The
rule applies to trees growing
spontaneously (Art. 679)
2. The owner of neighboring
estate over which the branches
of another’s tree have spread
may demand the cut-off of the
branches over his property. In
case of roots penetrating into
his land, the neighbor may cut
them himself insofar as within
his property (Art. 680)
3. Fruits naturally falling upon
adjacent land belong to the
owner of said land (Art. 681)
AGAINST NUISANCE LATERAL/SUBJACENT SUPPORT
Every owner/ possessor of Rules for the easement
building/ land is prohibited
from committing nuisance 1. No owner may make excavation
through noise, jarring, on his land that would deprive
offensive odor, smoke, heat, any adjacent land or building of
dust, water, glare and other sufficient lateral or subjacent
causes (Art. 682) support (Art 684).
Factories and shops are subject 2. Any stipulation or testamentary
to zoning, health, police and provision allowing such
other laws and regulations dangerous excavation is void
prohibiting nuisance or (Art. 685)
annoyance to neighborhood
(Art. 683) 3. The easement is in favor of both
existing and future buildings
(Art. 686).
4. An owner contemplating to
make such excavation must
notify all adjacent owners (Art.
687).

NUISANCE
Nuisance is anything (act, omission,
establishment, business, condition of
property) which is:
• Injurious to public health and safety
• Annoys or offends the senses
• Indecent and immoral; or
• Obstruct or interfere with free
passage in public street or body of
water, hinders or impairs the
enjoyment of life and use of
property (Art. 694).
The difference between nuisance and
negligence (quasi-delict in torts, Art.
2176) is not that substantial. While
negligence is want of care resulting in
liability, nuisance may cause injury
regardless of the presence or absence
of care.
Related provision in torts on quasi-
delict involves what may be
considered nuisance. Thus, Art. 2191
provides that proprietors shall also be
responsible for damages caused, by
among others:
“(2) By excessive smoke, which may
be harmful to persons or property;
xxx
(4) By emanations from tubes, canals,
sewers, or deposits of infectious
matter, constructed without
precautions suitable to the place”
Encoded and Compiled by NAPA 18
NUISCANCE/FALLING BUILDINGS & TREES
KINDS OF NUISANCE
Following are the kinds of nuisance, to
wit:
1. Public nuisance which affects the
public at large or a community of
persons or their properties. Thus:
(a) A house constructed partly on
a municipal street affects
adversely the use of that street
by the public; and
(b) An unsanitary piggery located
in a residential area emitting
offensive odors and pernicious
to the health of residents
2. Private nuisance which affects an
individual or a limited number of
persons.
Examples are:
(a) the wall of a property in danger
of collapsing on the adjoining
property owned by another
person;
(b) Obstruction to the right of way
of a property and its residents.
3. Nuisance per se is one which is a
nuisance at all times and under any
circumstances, regardless of location
or circumstances, such as a house
constructed on a public street or a
fishpond obstructing creek.
4. Nuisance per accidens becomes a
nuisance be reason of circumstances,
location or surroundings.
REMEDIES AGAINST NUISANCE NUISANCE POSING DANGER
The remedies against a public There are two provisions, which
nuisance are: are applicable to such nuisances:
(1) Criminal prosecution (1) If a building, wall, column or
any other construction is in
under the Revised Penal
danger of falling, the owners
Code or a local ordinance;
shall be obliged to demolish it
or to from falling (Art 481).
(2) Civil action, including
damages; (2) When a large tree threatens to
fall in such a way as to cause
(3) Abatement, summary and damage to persons or property,
without judicial the owner shall be obliged to
proceedings fell and remove it. If he does
not, it shall be done at his
expense (Art. 483).
Abatement is the exercise of
police power which includes the
Again, there are related provisions
right to destroy property
in torts on quasi-delict. These are:
regarded as a public health and
safety, and there is accordingly (1) The proprietor of a building or
no obligation for compensation. structure is responsible for the
damages resulting from its
On the other hand, the remedies total or partial collapse due to
against a private nuisance are the lack of necessary repairs
the same as in the case of public (Art. 2190).
nuisance, except that criminal
prosecution is not allowable. (2) If such damage be the result of
any defect in the construction,
Hence the only remedies are a
and the collapse happened
civil action and abatement
within 15 years from
without judicial proceedings completion of the structure, the
(Art. 705) person suffering damages may
proceed only against the
engineer or architect or
contractor (Arts. 2192 & 1723).

MODES
The principal modes are:
1. Original modes, there being no
previous or pre-existing rights of
another person, as in:
(a) Occupation of res nullius or
property without owner (other
than belonging to the State).
(b) Intellectual creation of previously
non-existing thing, as invention
and design.
2. Derivative modes, presupposing pre-
existing rights of another person who
transmit or from whom ownership if
acquired either by:
(a) Law (as in accession)
(b) Donation (deed w/ acceptance)
(c) Succession (in inheritance)
(d) Tradition (or delivery)
(e) Prescription (by possession)
Where tradition or delivery effects the
transfer or acquisition of ownership, the
title is the legal basis thereof. For instance,
sale is the title creating the obligation of
the seller to transfer the ownership of the
thing sold to the buyer. But it is the
seller’s act of delivery, which effects the
actual transfer of ownership.
Tradition may be:
(1) real, as when there is physical
delivery or material transfer of
possession of the thing
(2) constructive, consisting of facts
indicative of the transfer as in
symbolic tradition (of keys to the
car); or
(3) quasi tradition, as in consenting to
the grantee’s use of a right.
Encoded and Compiled by NAPA 19
Post Midterms
ACQUISITION OF OWNERSHIP
OCCUPATION
Requisite of occupation as a mode of
acquiring ownership:
1. Object is corporeal movable;
2. Susceptible of appropriation by nature
3. Abandoned by or without an owner
4. Seizure or subjecting it to one’s control
5. Intention to appropriate
6. Compliance with conditions of law
Examples of conditions of law are:
1. The right to hunt to fish is regulated by
special laws (Art. 715). Such objects
may be confiscated if caught in violation
of pertinent laws.
2. A domesticated animal (pet tiger) will
pertain person who caught and kept
them, if the owner fails to claim it within
20 days (Art 716). But in the case of
domestic animal (dog/cat), it may be
claimed by the owner even beyond 20
days
3. The finder of a movable must return it to
the owner if known. If not, the movable
must be deposited with the mayor who
shall publicly announce the finding. If
the owner does not appear within 6
months from publication, the movable
shall be awarded to the finder (Art. 718).
INTELLECTUAL CREATION
The persons who acquired original
ownership by intellectual creation are
(Art. 721):
1. Author over his literary, dramatic,
historical, legal, philosophical,
scientific, or other works;
2. Composer of his musical
composition;
3. Painter, sculptor, or other artist, on
the product of his art;
4. Scientist or technologist, or any other
person over his discovery or
invention.
Those persons have ownership over
dominion even before their creations are
published, copyrighted or patented
(Art. 722).
Their rights over the product of their
intellectual creation are called intellectual
property which consists of copyrights,
patents, trademarks, and service marks,
industrial and lay-out designs, and
protection of undisclosed information
(RA 8293).
Letters and private communications in
writing belong to their
addressee/recipient, and their contents to
the writer/his heirs/ The former can keep
or dispose of these material things but not
publish their contents unless with consent
of the latter or authorized by the court for
public good or interest (Art. 723).
The present law governing copyright
and patent is the Intellectual Property
Code, implemented by the Intellectual
Property Office (IPO) under the
Department of Trade and Industry
(DTI).
Patent right belongs to:
(1) Generally, the inventor, his
heirs, or assigns;
(2) Jointly to the persons who
jointly made the invention
(3) The principal who
commissioned the work,
unless otherwise provided in
the contract with the inventor
(4) The employee if the invention
is not part of his regular duties,
even if he uses the time,
facilities and materials of the
employer;
(5) The employer if the invention
is result of the employee’s
performance of his regular
duties, unless the contrary is
agreed upon.
Copyright ownership belongs to:
(1) Author in this case of original
literary and artistic work
(2) Co-authors in case of work of joint
authorship;
(3) Author-employee if the work is not
part of his regular duties even if he
uses the time, facilities and
materials of the employer;
(4) Employer of author if the work is
result of the author-employee’s
performance of his regular duties;
(5) Author but his work belongs to
principal who commissions and
pays for it.

NATURE
A. Concept
Donation is an act/contract of
liberality whereby the donor disposes
gratuitously or right in favour of the
donee, who accepts it (#725).
Donation is perfected from the
moment the donor knows of the
donee’s acceptance (#734).
B. Requisites of donation
1. Capacity to make the donation.
2. Intent to make the donation.
3. Delivery, actual or constructive
of thing or right donated
4. Acceptance of donation.
5. Compliance with prescribed
form.
C. Extent of donation
Donation may comprehend all present
properties, or part thereof, provided
donor reserves sufficient means for his
support and of relatives entitled by law
to his support. Otherwise, it is subject
to reduction (#750).
Donation cannot comprehend future
property (#751)
Encoded and Compiled by NAPA 20
DONATION
KINDS AS TO CONSIDERATION KINDS AS TO TIME OF EFFECT/EFFICTIVITY
1. Pure and Simple. When the cause of the donation is pure 1. Inter vivos. Donation intended by donor to take
liberality of the donor in consideration of the donee’s merit effct during his lifetime, even if delivery be
(#726). after his death (#729) or even if subject to
Examples: Donee is donor’s child; donee passes the bar suspensive and resolutory conditions (#730,
examination 731).
2. Remuneratory or compensatory. When the donation is Examples: Donor transders title but reserves
given out of gratitude for the services rendered by the donee usufruct or beneficial ownership; donee given
to the donor, provided the services do not constitute a title but with limited right of disposition and
demandable or renounced debt (#726), encumbering; or donee’s right to fruits begin
Examples: Donee saved the life of donor’s childe, lawyer only after donor’s death
handled pro bono case of the donor
2. Mortis causa. Donation which takes effect
3. Modal. When the donation imposes on the donee a burden upon the death of the donor and is governed by
or services to be performed that is less than the value of the the rules of succession (#728).
thing or right donated (#726). Examples: Donation to pass title only by and
Examples: The donor gives P100,000 provided the donee because of donor’s death; donor reserves right
spends P20,00 for the funeral expenses of donor when the to dispose and enjoy the property or to revoke
latter die; value of thing sold exceeds the price paid. the donation at any time or for any reason
before his death; no actual conveyance and
4. Onerous. When consideration for which the donation is deed of donation to be registered only after
made is purely onerous or equal to the value of the thing or death of donor.
right donated (#733). This kind is governed by the rules on
obligations and contracts. 3. Propter nuptias. Donation by reason of and in
Example: Donor gives land worth P100,000 provided the considetration marriage, before its celebration,
donee will deliver farm produce of the same value to the in favour of one or both the future spouses
doner’s children (#82, Family Code).
Illegal or impossible condition in simple or resolutory donation Donations may also be conditional when subject to
shall be considered as not imposed (#727). suspensive and resolutory conditions (#730, 731),
Example: provided the donee disown his mother-in-law. or with a term when subject to a period whether
suspensive or resolutory (#730).

CAPACITY AND RIGHTS OF
DONOR
A. Capacity to be donor
All persons who may contract and dispose
of their property may make a donation
(#735).
The donor’s capacity shall determined as
of the time of the making, and not at the
perfection, of the donation; subsequent 1. No person may receive, by way of
incapacity of donor shall not affect
validity of donation (#737).
B. Incapacity
1. Guardians and trustee cannot donate
the property entrusted to them (#736).
2. Person has neither ownership nor real
right that he can transfer to another
(as in #744 in relation to #712).
3. No person may donate more than he
may give by will, otherwise donation
is inofficious in the excess (#752).
C. Rights and Obligations of Donor
1. May reserve the right to dispose of
thing donated or some amount or
income thereof (#755).
2. May donate the naked ownership to
one person and the usufruct to another
provided donees are alive (#756).
3. May provide for reversion of property
on his favour for any case and
circumstance (#757).
4. Donor is obliget the warrant the thing
donated when donation is onerous in
which case he is liable for eviction or
hidden defects in case of bad faith on
his part (#754).
Encoded and Compiled by NAPA 21
DONOR AND DONEE
CAPACITY AND OBLIGATIONS OF
DONOR
A. Capacity to be donee
All those who are not specially disqualified
by law therefor may accept donations
(#738).
B. Incapacity
donation, more than he may receive by
will, otherwise donation is inofficious
in the excess.
2. Incapacity to succeed by will shall be
applicable to donations inter vivos
(#740, see #1027 for specific instance)
C. Requirements for acceptance
1. Acceptance shall be made during the
lifetime of the donor and donee.
(#746).
2. Donee shall accept the donation
personally or through person with
special or general and sufficient power
(#745).
3. Minors and others who cannot enter
into a contract, shall have acceptance
done through parents or legal
representatives (#741).
4. Conceived and unborn children shall
have donation accepted by persons
who would legally represented them if
they were already born (#742).
FORMS OF DONATION
A. Movable property
1. Oral donation, requiring the
simultaneous delivery of the thing
or of the document representing the
right.
2. Written donation and acceptance
when the value of the movable
exceeds P5,000, otherwise donation
is void (#748).
B. Immovable property
1. To be valid, donation shall be in a
public document specifying the
property and the value of the
charges imposed on the donee.
2. Acceptance by donee my be in the
same deed of donation or in
separate public document, which
shall be done during the lifetime of
the donor.
3. If the acceptance is in a separate
instrument, donor shall be notified
thereof in an authentic form and this
step sall be noted in both instrument
(#749).
C. Donation mortis causa
Such donation, which do not comply
with the formalities of a will, cannot
transfer ownership.
VOID DONATIONS
A. Void donation
1. Made between persons who were
guilty of adultery or concubinage at
time of donation. Spouse of donor or
donee may file action for declaration
of nullity, only preponderance of
evidence required.
2. Made between persons found guilty
of the same criminal offense, in
consideration thereof.
3. Made to a public officer or his wife,
descendants and ascendants by reason
of his office (#739).
4. Made to incapacitated persons,
through simulated under the guise of
another contract or through a person
who is interposed (#743).
B. Reversion, valid and void
A donor may validly provide for reversion
whereby the property donated shall return
to him under any case and circumstance.
Provision for reversion may be in favour
of other persons, provided they are alive at
the time of donation; otherwise the
provision is void but the donation remains
valid (#757).
 D. Rights/Obligations

1. In donation to husband and wife jointly,

there shall be accretion if contrary is
not provided;
In donation to several persons jointly on
equal shares, no right of accretion
unless so provided (#753).

2. Donee is subrogated to all the rights

and actions which in case or eviction
would pertain to the donor (#754).

3. Donee shall pay donor’s debt

previously contracted when donation
imposes such obligation; in no case
shall donee be responsible for debts
exceeding the value of the property
donated, unless contrary intention
clearly appears (#758).

4. If no stipulation, donee shall not be

responsible for payment of debt except
when donation was made in fraud of
creditor, which fraud is presumed when
donor did not reserve sufficient
property to pay his debts prior to the
donation (#759).

Encoded and Compiled by NAPA 22


REVOCATION
A. Birth, appearance or adoption
Donation inter vivos by person with no
children or descendants, whether
legitimate, legitimated or illegitimate, may
be revoked or reduced when the:
1. Donor should have any such
children, after donation, even
though posthumous.
2. Donor’s child whom he believed
to be dead at time of donation,
should turn out to be living.
3. Donor later adopt a child (#760).
Subject of revocation or reduction is the
excess over the portion that may be freely
disposed by will, at time of birth,
appearance or adoption (#761).
Property affected shall be returned, or its
value at the time of the donation (#762).
Action prescribes in 4 years, cannot be
renounced and is transmissible to donor’s
children/descendants (#763).
B. Non-compliance with conditions
When conditions imposed by donor is not
complied with by donee, donor may
demand return of the property; alienation
and mortgage by donee are void, subject
to protection of third party under Mortage
Law and Land Registration laws. Action
prescribes after 4 years from non-
compliance, transmissible to donor’s heirs,
and may be exercised against donee’s
heirs (#764).
Encoded and Compiled by NAPA 23
REVOCATION AND REDUCTION
C. Ingratitude
Donor may revoke donation when:
1. Donee commit some offense against
person, honor or property, wife or
children of donor.
2. Donee imputes to donor any criminal
offenses or moral turpitude, even if
proven unless committed against
donee, his wife or children.
3. Donee refuses to support donor when
legally or morally bound (#765).
Action not renounced in advance,
prescribes in 1 year, transmissible if
instated by donor (#769, 770).
REDUCTION
A. Birth, appearance or adoption D. Fraud of creditor
Same as A under Revocation
Donation is presumed to be in fraud of
B. Inofficiousness creditor when at the time thereof, the
donor did not reserve sufficient property
Inofficious donations shall be reduced as to pay his debt prior to the donation
to the excess, bearing in mind donor’s (#759).
estate at time of death (#771, see also
#911/#912 on Succession). Those who Action shall be brought within in 4 years
have right to legitime, their heirs and from donation or creditor’s knowledge
successors may ask for reduction; they thereof; transmissible to creditor’s heiri or
cannot, during lifetime of donor, renounce successor-in-interest.
the right to ask for reduction (#772).
Property affected shall be returned by
In case of several donations and donee for the benefit of creditor, subject to
disposable portion not sufficient more right of third parties. Donee is liable for
sufficient, more recent donation shall be damages in case of bad faith and inability
reduced with regard to the excess (#773). to return the property.
C. Failure to reserve
Donor shall reserve in usufruct or full
ownership, sufficient means for his
support and all relatives entitled at the
time of donation to be supported by him
(#750). Otherwise, donation to be reduced
to the extent needed therefor.
Action for reduction may be filed at any
time by donor or the relatives during
lifetime of donor. Action is not
transmissible since duty to give and
receive support is personal in nature.

Meaning of Registration
Meaning.
It is the inscription or annotation of acts
and contracts relating to ownership and
other real rights over the immovable
properties. (Art. 708).
Purpose.
Registration has a two-fold purpose:
(a) to give notice of the true status of
the property, including any lien
or encumbrance thereon;
(b) to afford protection to a person
who relies on such notice.
The general rule is that every person
dealing with registered land may safely
rely on the correctness of the certificate to
determine the legal condition of the
property.
Exceptions are when he is aware of
circumstances that would make a prudent
man on guard, or when he buys the land
from an agent and not the registered
owner.
When registered.
An instrument on titled land is deemed
registered when it is entered in the
(Electronic) Primary Entry Book or
EPEB-RL, even if no annotation thereof
has been recorded in the certificate of title
provided the requirements for entry and
registration including payment of required
fees hae been complied with.
Practical Application:
- Mirror
- Annotation of the property: deemed
notice to the
Encoded and Compiled by NAPA 24
REGISTRY OF DEEDS
Effect of Registration Register of Deeds
Certificate of title. (d) Not prejudice a third party with The office of the Register of Deeds is
A certificate of title covering a land, a better right, that is, one who under the Land Registration Authority
whether an OCT or TCT, when registered acquired in good faith a right (LRA). There is one in every province and
has the attributes if indefeasibility and over an immovable prior to not every city. It is the public repository of
incontrovertibility, imprescriptibility another person. records of instruments affecting registered
and not subject to collateral attack, and the and unregistered lands and chattel
presumption of regularity in its issuance. Double sale. mortgages.
Once a title is registered, the owner may A subsequent buyer of a property who
rest secure of not losing his land. does not know of an earlier purchase Function.
thereof by another person, but who The function of the Register of Deeds
Constructive notice. registers ahead in good faith has a relative to the registration of deeds,
When an instrument or conveyance such better right than that other person. instruments, liens or encumbrances, and
as sale or mortgage of land is properly the like is ministerial in nature. So long
registered and inscribed, it is constructive But a person who has actual knowledge as in his opinion theses are registrable, he
notice thereof to all persons. of the act, contract, or deed – such as the must register them.
A person cannot claim not to know of prior purchase – affecting the registered He has no personal judgment or discretion
such instrument or conveyance much less title before he acquired the right to the whether an instrument is invalid or illegal
of the certificate of title or of the property is bound by and may be for that it is for the court to decide.
registered lien and encumbrance. prejudiced by such act, contract, or deed.
Even if he actually does not know of them, Denial of Registration.
under the law he is deemed aware Sale and mortgage. The Register of Deeds may deny
thereof and is bound thereby. Unlike double sale, a prior unrecorded sale registration in very exceptional cases
of a property is preferred over a registered where:
Non-applicability. mortgage right thereon. This is because (a) The instrument is a private
Registration does: the original owner had already parted with document, that is, not notarized;
(a) Not vest title over immovable where his ownership and no longer had right of (b) The voluntary instrument bears
the person does not have a rightful disposal of the property as to mortgage it. an infirmity on its face, as when
claim thereon, because registration is the sale is of the whole conjugal
not a mode to acquire ownership; property but only 1 spouse had
signed it;
(b) Not validate or cure defective (c) More than 1 copy of the owner’s
instrument, ad where the deed is duplicate were issued to the co-
forged, fictitious or simulated, or the owners, not all such copies were
certificate of title was fraudulently presented with the instrument to
obtained or issued; be registered.
(c) Not bind property where the
registration is legally defective, as
when the transaction involves
registered land but is registered under
Act 3344, which is the system of
registration for unregistered land.

CLOUD ON TITLE
Meaning. The legal term “cloud” means
doubt or uncertainty.
There is cloud when:
(a) There is an instrument record, claim,
encumbrance, or proceeding which is
apparently valid or effective but
(b) is in truth and in fact, invalid,
ineffective, voidable or terminated, or
has been barred by prescription
The cloud must appear to be valid and
effective. If the instrument is obviously or
on its face invalid or ineffective, as when
the consideration in a deed of sale illegal
or criminal, then no cloud exists.
Examples.
There is a cloud on title when the
following exists:
(a) Sale of land by agent who has no
written authority from the
owner;
(b) Forged or falsified contract;
absolute fictitious or simulated
contract of sale;
(c) Voidable contract due to lack of
consent, or consent by mistake,
violence, intimidation, undue
influence, or fraud.
These examples may prima facie look
valid and effective but are actually not
based on their defects
Encoded and Compiled by NAPA 25
QUIETING OF TITLE
ACTION TO QUIET TITLE
Nature.
The action to quiet title is a special
proceeding.
It is quasi in rem which unlike a suit in
rem, is binding only between the parties
It is not a suit in personam in which
jurisdiction over the person of defendant is
required.
Purpose.
Under Article 476 of the NCC, the action
has both a remedial and preventive
purpose, to wit:
(a) To remove a cloud:
“Whenever there is a cloud on title to
real property or any interest therein,
by reason of any instrument, record,
claim, encumbrance, or proceeding
which is apparently valid or effective,
voidable or unenforceable and may be
prejudicial to said title. An action may
be brought to remove such cloud or to
quiet the title”
(b) To prevent a cloud:
“An action may also be brought to
prevent a cloud from being cast upon
title or any interest therein.”
Under Art 478, there may also be an
action to quiet title or remove a cloud
when the contract, instrument or other
obligation has been extinguished or
terminated or barred by prescription.
SUITOR’S OBLIGATION
Prescription. The plaintiff must return to the
The action to quiet title is imprescriptible defendant all benefits he may have
if the plaintiff or suitor is possession of the received from the latter, reimburse him
property. If not (in possession), the for expenses redounded to the plaintiff’s
prescriptive period is 10 or 30 years benefit (Art. 479).
depending on ordinary or extraordinary
prescription. To be subtracted therefrom would be
any damage suffered by the plaintiff by
Property affected. reason of the cloud and whatever benefits
The property to which the action to quiet may have been received by the defendant
title is applicable is: by the property.
(a) Real property or any right therein,
such as usufruct, servitude, lease or
mortgage of immovable; and
(b) Certain personal property which
partake of the nature of real
eriproperty or require registration,
such as vessels (PCG) and motor
vehicles (LTO).
The plaintiff or suitor need not be in
possession of the property but must have
legal or equitable title thereto, or
interest in the immovable.

PRESCRIPTION
Concept.
A mode of acquiring ownership and other
real rights (acquisitive prescription);
and losing rights and action (extinctive
prescription).
Subjects.
All things within the commerce of man
are susceptible of prescription, unless
otherwise provided (as in registered land).
Property of the State or any of its
subdivisions, not patrimonial in character,
shall not be subject of prescription
(1113)
Patrimonial property is owned by the State
or its subdivision in their propriety
function. To be subject of prescription,
such patrimonial property must be
declared no longer need for public use and
service.
Exemptions.
Prescription does not run between
husband and wife, even if there is
separation of property, nor between
parents and minor/insane children, nor
between guardian and ward (1109).
But prescription, acquisitive and
extinctive, runs in favor of or against a
married woman (1110).
Encoded and Compiled by NAPA 26
PRESCRIPTION
PRESCRIPTION OF OWNERSHIP AND REAL RIGHTS
Kinds of prescription:
1. Ordinary prescription which
requires possession in good faith
and with just title for the time
fixed by law (1117). Possession
must be in the concept of owner,
public, peaceful and
uninterrupted, not by mere
tolerance or through a crime
(1118-1119).
2. Extraordinary prescription when
possession is without good faith
or just title
GOOD FAITH
Consist in the reasonable belief that the
person from whom he received the thing
was the owner thereof, and could transmit
his ownership (1127).
JUST TITLE
When possession was acquired through
modes recognized by law (sale or
inheritance) to acquired ownership and
other real rights, but the grantor was not
the owner could not transmit any rights
(1129-1131)
Period for acquisition:
1. Movable
4 years with good faith & just title
8 years if without
2. Immovable
10 years with good faith & just title
30 years if without
PRESCRIPTION OF ACTIONS
Interruption of possession for the Actions
purpose of prescription: Prescribes by mere lapse of time fixed by
law. The action must be brought within a
1. Natural certain period of time (prescriptive period/
When for any cause possession ceases for period of limitation (1139).
more than 1 year. In such case, the
previous possession is not revived or Prescriptive periods (1141-1147)
counted in favor of the possession. If None Right of way
cessation is for 1 year or less, time Abatement of nuisance
elapsed is counted in favor of prescription. 30 years Real action over an
immovable
2. Civil 10 years Mortgage action
Judicial summons to the possessor. There
is no interruption if the summons is void, - Upon written contract
plaintiff offered desistance, or possessor is - Obligations arising from law
absolved in the suit (1123) - Court judgment
3. Express or tacit recognition (Other Article:
By possessor of owner’s right to the Reconveyance based on
property (1125), or renunciation by implied constructive trust)
possessor of his right. 6 years Oral Contract
Quasi Contract
Prescription vs. Laches: 4 years Injury to rights
Prescription has definite period fixed by Quasi Delict
law. Laches depends on the degree of Rescission/Annulment of
negligence, inaction or omission called contract
upon by the circumstances. Thus, a
registered or titled property is 1 year Forcible entry
imprescriptible; but laches may prevent Illegal Detainer
the recovery of its possession by the Defamation
owner if he is guilty of inaction for an
inaction for an unreasonable length of Time for prescription starts from accrual
time. or the day the action may be brought
(1150). Without prejudice to special laws
Interruption of prescription periods:
1. Suit filed in court
2. Extrajudicial demand by creditor
3. Acknowledgement of debt by
debtor