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USUFRUCT
-Right to enjoy the property of another with the obligation of preserving its form and substance,
unless the title constituting it or the law otherwise provides. [562]

* A Person cannot create a usufruct over his own property and at the same time retain ownership
of the same. For usufruct is essentially jus in re aliena; and to be a usufructuary of ones own
property is, in law, a contradiction in terms and a conceptual absurdity.- [Gaboya v. Cui -1971]


CHARACTERISTICS/ELEMENTS

1. Essential
a. Real right of use and enjoyment (whether registered or not)
b. Temporary Duration
c. Its purpose is to enjoy the benefits and derive all advantages from the object as a
consequence of normal use or exploitation
d. Transmissible
e. May be constituted on real or personal, consumable or nonconsumable. Tangible or
intangible property.

2. Natural- those which are ordinarily present but can be eliminated by a contrary stipulation
a. The obligation of conserving or preserving the form and substance of the thing

3. Accidental- those which may be present or absent depending upon the stipulation of the parties
a. Whether it be pure or a conditional usufruct
b. The number of years it will exist
c. Whether it is in favor of one person or several

Classifications of Usufruct
1. As to whether or not impairment of object is allowed [562]
a. normal
b. abnormal

2. As to origin [563]
a. Legal- created by law such as usufruct of the parents over the property of their
unemancipated minor
b. Voluntary or conventional- created by will of the parties either by donation inter vivos or
donation mortis causa
c. Mixed- acquired by prescription such as when believing himself the owner of the property of
an absentee, gave in his will the usufruct of the property for the requisite prescriptive period to his
wife and naked ownership to his brother and wife possessed it in GF as usufructuary.

3. As to number of persons enjoying the right [611]
a. simple
b. multiple
1. simultaneous- at the same time
2. successive- one after the other
*In case of multiple usufructuaries, in usufruct created by donation, all the donees must be alive
or at least already conceived at the time of the perfection of the donation.

4. As to quantity or extent of object [564]
i. Total
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ii. Partial

5. As to extent of owners patrimony [598/599]
a. Universalif over the entire patrimony
b. Particular/Singularif only individual things are included

6. As to quality of kind of object
a. of things
i. Normal(or perfect or regular)this involves non-consumable things where the form and
substance are preserved
ii. Abnormal(or imperfect or irregular)involves consumable things
b. of rightsrights must not be personal or intransmissible in character. (so present and future
support cannot be an object of usufruct)

7. As to terms or conditions
a. PureNo term or condition
b. With a term or period
i. ex diefrom a certain day
ii. in diemup to a certain day
iii. ex die in diemfrom a certain day up to a certain day
c. With a condition
i. Resolutory
ii. Suspensive

DISTINGUISHED FROM LEASE
Usufruct Lease
Extent Covers all fruits and uses as a
rule
Generally covers only a
particular or specific use
Nature Is always a real right Is a real right only if registered,
as in the case of lease of real
property OR if contracted for
more than one year
Creator Can be created only by the
owner, or by a duly authorized
agent, acting in behalf of the
owner
The lessor may or may not be
the owner as when there is a
sublease or when the lessor is
only a usufructuary
Origin May be created by law,
contract, last will or prescription
May be created as a rule only
by a contract; and by way of
exception by law (as in the
case of an implied new lease,
or when a builder has built in
GF on the land of another a
building, when the land is
considerably worth more in
value than the building
Cause The owner is more or less
passive and he allows the
usufructuary to enjoy the thing
given in usufruct
The owner or lessor is more or
less active and he makes the
lessee enjoy
Repairs The usufructuary has the duty
to make ordinary repairs
The lessee generally has no
duty to pay repairs
Taxes The usufructuary pays for the The lessee generally pays no
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annual charges and taxes on
the fruits
taxes
As to other things A usufructuary may lease the
thing to another
The lessee cannot constitute a
usufruct on the property leased

DISTINGUISHED FROM EASEMENTS
USUFRUCT EASEMENT
Object May be real or personal
property
Involves only real property
Extent What can be enjoyed here are
all uses and fruits of the
property
Limited to particular use
Coverage Cannot be constituted on an
easement; but it may be
constituted on the land
burdened by an easement
May be constituted on a piece
of land held in usufruct
Effect of Death Usually extinguished by death
of usufructuary
Not extinguished by the death
of the dominant estate



RIGHTS OF THE USUFRUCTUARY

I. AS TO THINGS AND ITS FRUITS
1. Right to fruits
a. Civil Fruits Accrue Daily [569]
i. Belong to the usufructuary in proportion to the time the usufruct may last
ii. Both stock and cash dividends are considered civil fruits
b. Industrial and Natural Fruits
i. Fruits pending at the beginning of usufruct [567]
belong to the usufructuary
no necessity of refunding the owner for expenses incurred, but w/o prejudice to
the rights of 3
rd
persons (thus if the fruits had been planted by a possessor in GF,
the pending crop expenses and charges shall be pro-rated b/w said possessor and
the usufructuary

ii. Fruits pending at the termination of usufruct [567]
belong to the owner
BUT the owner must reimburse the usufructuary for ordinary cultivation
expenses and for seeds and similar expenses, from the proceeds of the fruits.
(Hence the excess of expenses over the proceeds need not be reimbursed)

2. Right to Hidden Treasure as stranger [566]
3. Right to enjoy any increase which the thing in usufruct may acquire through accession [571]
4. Right to personally enjoy the thing in usufruct or lease it to another [572-577]
Right to make use for the purpose intended of things which gradually deteriorate and shall
not be responsible for deterioration due to wear and tear and is only obliged to return the thing
in that condition but shall pay indemnity if deterioration was caused by his fraud or negligence
[573]
In case of usufruct on consumables, the usufructuary should pay the appraised value at the
termination of usufruct if the thing/s were appraised when delivered. If there is no appraisal,
return the same quantity and quality or pay the current price. [574]
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Right to make use of the dead trunks (of fruit-bearing trees and shrubs) and those cut-off or
uprooted by accident with obligation to replace them [575]
Right to leave the dead, fallen or uprooted trunks if trees or shrubs disappeared through
calamity or extraordinary event and demand their removal from the owner. [576]
Right to benefits produced naturally in usufruct of woodland. [577]
He shall have the right to ordinary cutting or felling habitually made by the owner (or
according to customs of the place) if the woodland is a copse or consists of timber for
building. (All other cutting down of trees ofther than this should be for the purpose of restoring
or improving things in usufruct and subject to consent of the owner) [577]
Right to make necessary thinnings in nurseries [577]

5. Right to make on the property in usufruct such improvements or expenses he may deem proper
and to remove the improvements provided no damage is caused to the property [579]
6. Right to set-off the improvements he may have made on the property against any damage to the
same [580]
7. Right to retain the thing until he is reimbursed for advances for extraordinary expenses and
taxes on capital [612]

II. As to Usufruct itself
1. Right to alienate (or mortgage) the right of usufruct except parental usufruct [572]
* After a usufrucruary has donated her usufructuary right over a certain property she cannot get
it back on the ground that she did not own the properties [Seifert v. Bachrach 1947]

2. Right to bring action and oblige owner thereof to give him proper authority and necessary proof
in a usufruct to recover property or a real right [578]

3. Right to exercise all the rights pertaining to the co-owner with respect to the administration and
collection of fruits or interests from the property, in a usufruct of part of a common property. [582]
*The usufructuary shall be bound by the partition made by the owners of the undivided property
although he took no part in the partition but the naked owner to whom the part held in usufruct has
been allotted must respect the usufruct. The right of the usufructuary is not affected by the division
but it is limited to the fruits of said part allotted to the co-owner. (Pichay v. Querol 1908)

4. In usufruct of Matured Credits, usufructuary may claim matured credits, collect them and use
and invest, w/ or w/o interest the capital he has collected, in any manner he may deem proper.
If he has not given security or it is insufficient or he has been excused to give one, he may
collect the credits and invest the capital which must be at interest with the consent of the naked
owner or approval of the court. [599]

5. In usufruct of mortgaged immovables, the usufructuary is not obliged to pay the debt for the
security of the mortgage. He shall have a right to whatever he may lose by reason of the
attachment of sale of the immovable for the payment of debt of the owner. [600]


III. As to advances and damages
1. Right to be reimbursed for indispensable extraordinary repairs made by him in an amount equal
to the increase in value which the property may have acquired by reason of such repairs. [594]
2. Right to be reimbursed for taxes on the capital advanced by him [597.2]
3. Right to be indemnified for damages caused to him by the naked owner who caused an
alteration which diminished the value of the thing in usufruct [581]


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IV. Other
1. Right to make use of the land and materials, when building forming part of the usufruct on
immovable has been destroyed in any manner [607] {Same rule if Usufruct is constituted on
building only}

2. If usufructuary shares in insurance of tenement in usufruct, and it was lost, he shall continue in
enjoyment of the new one if one be constructed OR receive interest on the insurance indemnity.
[608]

OBLIGATIONS OF THE USUFRUCTUARY

1. Pay expenses to 3
rd
persons for cultivation and production at beginning of the usufruct
2. Pay damages in case of usufruct of movable subject to deterioration if such was due to fraud or
negligence of usufructuary.
3. Those before the usufruct begins [583]
a. Notice of inventory of property (appraisal and description of movables)
b. Posting of security
i. Not applicable to parents who are usufructuary of children except when 2
nd
marriage was
contracted and to donor who has reserved the usufruct of the property donated [584]
ii. Excusedallowed by owner; not required by law or no one will be injured [585]

Failure to Give Security: owner may demand that:
1. immovable be placed under administration
2. Net income may be converted into registered certificates or deposited in bank
3. Capital & proceeds of sale of movables be invested in safe securities(Interest on
proceeds or property under administration belong to the usufructuary)
4. Retain property as administrator but with obligation to deliver net proceeds(after deducting
expenses of administration agreed upon or judicially allowed) to usufructuary until he gives
sufficient security.

** Court may grant petition not to deliver the furniture, implements or tools necessary for use of
the usufructuary or industry as security and that he and his family be allowed to live in the
house included in the usufruct, but he must take an oath. [587]

** Owner may refuse that articles with artistic or sentimental value be sold. These shall be
delivered to him if he gives security to the usufructuary for the payment of legal interest on their
appraised value.[587]

** When the Security given, usufructuary has a right to proceeds and benefits to the day he is
entitled to receive them(588)

THOSE DURING THE USUFRUCT
4. Take care property with diligence of a good father of a family [589]
5. Liability for negligence or fault of substitute [590]
6. If usufruct is constituted on animalsduty bound to replace dead animals that die from natural
causes or became prey;
if all of them perish w/o fault but due to contagious disease/uncommon eventdeliver those that
are saved;
if perish in part due to accidentcontinue on remaining portion

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If usufruct was constituted on sterile animalsas if fungible, may be replaced of same kind and
quality. [591]

7. Obliged to make ordinary repairs. (*Ordinary Repairs- required by wear and tear due to natural
use of the thing and are indispensable for its preservation)

8. Notify the owner when the need for extraordinary repairs is urgent [593]
9. Permit works and improvements by the naked owner not prejudicial to the usufruct [595]
10. Payment of annual charges and taxes affecting fruits [596]
11. Pay debts when the usufruct is constituted on the whole of a patrimony [598]
* Previously contracted debts only unless there is a contrary stipulation
* Not liable for debts in excess of the value of the assets received unless contrary is intended
12. Notify owner of any prejudicial act committed by 3
rd
persons [601]
13. Pay court expenses and costs regarding usufruct [602]

THOSE AT THE TERMINATION OF THE USUFRUCT

14. Return the thing in usufruct to the naked owner unless there is a right of retention pertaining to
him (usufructuary) or his heirs for extraordinary expenses or taxes it paid [612]
15. Payment of the legal interest on the amount expended by owner for extraordinary repairs [594]
16. Payment of proper interest on the taxes on capital paid by the owner [597]
17. Indemnify the naked owner for any losses due to his negligence or of his transferees [589-590]

RIGHTS OF NAKED OWNER
1. Alienate thing
2. Construct any works and make any improvement or plantings (if rural) provided it does not
diminish the value of usufruct or prejudice the right of usufructuary [595]
3. Right to occupy the land and to make use of materials on Usufruct of a Building which was
destroyed and a new building was constructed by owner [607.2]
4. Demand the return of the thing if the abuse should cause considerable injury to him (owner), but
shall pay annual net proceeds less expenses of administration [610]

OBLIGATIONS OF NAKED OWNER
1. Extraordinary Expenses
2. Expenses after renunciation of usufruct
3. Taxes and expenses imposed directly on capital
4. Liable for whatever may be lost by the usufructuary in usufruct of mortgaged immovables if
these were sold.
5. If expropriated for public useowner may replace it or pay legal interest to usufructuary of net
proceeds of the same. [609]
6. Pay Usufructuary the interest on the value (this actually is the insurance received for the
destroyed building) of the land occupied and materials used by naked owner after constructing a
replacement building in Usufruct of a Building which was destroyed. [607.2]
7. Pay annual net proceeds less expenses of administration if he demanded return of the thing
after it was found out to be in bad use and causes injury to him [610]







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Special Usufructs (POC-VM-PDC)
1. Of pension or income (570)
2. Of property owned in common (582)
3. Of cattle/livestock (591)
4. On vineyards and woodlands (575-576)
5. On mortgaged Property (600)
6. Over the entire patrimony (598)
7. Over the things which gradually deteriorate (573)
8. Of consumable property


EXTINGUISHMENT OF USUFRUCTUARY [603] [DEMET-TP]
1. Death of Usufructuaryunless contrary intention appears
2. Expiration of period of usufruct
3. Merger of usufruct and ownership
4. Express renunciation of usufructuary
5. Total loss of thing
6. Termination of the right of the person constituting the usufruct
7. Prescription

*Thing Loss in Part, right on the remaining part continues [604]
*Usufruct cannot be constituted in favor of town, corporation or association for more than 50
years[605]
*Usufruct with duration dependent on the age of a person (expires when person attains a certain
age) subsists even if such person die before the period expires unless usufruct is expressly
granted only in consideration of the existence of such person [606]
* Usufruct in favor of several persons not extinguished until death of last survivor [611]

























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EASEMENTS OR SERVITUDES

Easement- an encumbrance imposed upon an immovable for the benefit of another immovable
belonging to a different owner. The immovable in favor of which the easement is established is
called the dominant estate; that which is subject thereto, the servient estate.

Differences Between Servitude And Easement
1. Servitude is the term used in Civil Law Countries like Spain, while easement is used in common-
law countries like England
2. Servitude is broader in scope. In common law, easement is just one form of servitude.
3. Servitude in Civil Law refers to both real easement (predial) or to a personal easement. While in
common law easement is always predial or real easement.

Characteristics of Easement or Servitude

1. Real right but will affect third persons only when registered.
2. It is enjoyed over another immovable. (The immovable is understood in its common meaning
such as lands, buildings, roads and constructions attached to the soil. It is not understood in its
legal sense under Article 415 where even birds and fish may be considered immovable properties.)
3. Involves two neighboring estates. (The other property must be owned by another owner.)
4. It is inseparable from the estate to which it is attached and therefore cannot be alienated
independently of the estate. [617]
5. It is indivisible [618]
6. Right is limited by the needs of the dominant owner or estate without possession
7. It cannot consist in the doing of an act unless the act is accessory in relation to a real easement.
8. It is a limitation on the servients owners rights of ownership for the benefit of the dominant
owner and therefore it is not presumed.
9. Its cause must be perpetual (as long as the dominant and/or the servient estate exists unless
sooner extinguished by the causes enumerated by law)

CLASSIFICATION

1. According to the Manner they are exercised. [615]
a. Continuoustheir use is incessant or may be incessant without the intervention of any act of
man.
Examples:
i. Easement of aqueduct
ii. Easement of right to support a beam on anothers wall
iii. Easement of light and view

b. Discontinuousused at intervals and depend upon the acts of man.
Example: Easement of right of way

2. According to Presence of Signs Indicative of their existence [615]
a. Apparentthose which are made known and continually kept in view by external signs
revealing their use and enjoyment by the owner of the dominant estate.
Example:
i. Window in a party wall which is visible to owners of the party wall
ii. Right of way if there is a permanent path constructed.
iii. Easement of Dam

Exception: An easement of aqueduct is always considered apparent for legal purposes [646]
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b. Non-Apparentthose which do not show signs of their use and enjoyment.
Example:
i. Easement of lateral and subjacent support
ii. Easement of intermediate distance [679]
iii. Easement of right of way if there is no visible pathway or alley.
iv. Easement of not building to more than a certain height

3. According to purpose of easement or the nature of limitation or obligation of servient owner [616]

a. Positiveone which imposes the duty on the owner of the servient estate to do something or
to allow something to be done by the owner of the dominant estate. (SERVITUDES OF
SUFFERANCE or INTRUSION)
Examples:
i. If branches of a tree extend over a neighboring estate, the owner of the latter estate has
the right to demand from the owner of the tree the cutting of the overreaching branches [680].
ii. If the roots of the tree would penetrate into the land of another, the owner of the tree
(servient estate) has the obligation to allow the cutting of the invading roots [680.2]
iii. Easement of light and view in a party wall [668.1]
iv. Easement of right of way

b. Negativeone which prohibits the owner of the servient estate from doing something which
he could lawfully do if the easement did not exist. (Also called SERVITUDES OF ABSTENTION or
LIMITATION or RESTRICTION

Examples:
i. Easement of light created by the making of an opening in ones own wall below the ceiling
joists.[669] The owner of the other tenement cannot construct anything which will obstruct the entry
of light. Were it not for the easement, the owner of the servient estate can construct structures on
his own tenement that could obstruct the light passing through the said opening. However, the
dominant owner can object to the construction of any barring structures only after the lapse of ten
years following the receipt by the servient owner of a notarial prohibition restraining him from
making such blocking structures. [668]
ii. Easement not to build higher structure which will block the easement

4. According to party given the benefit
a. real (or predial)for the benefit of another belonging to a different owner.
Example:
i. Easement of water where lower estates are obliged to allow water naturally descending
from upper estates to flow into them. (Natural Drainage) [637]

b. personalfor the benefit of one or more persons or community
Example:
i. Easement of right of way for passage of livestock [657]

5. According to right given
a. Right to partially use the servient estate. Ex. Right of Way
b. Right to get specific materials or objects from the servient estate. Ex. Easement of Drawing
Water
c. Right to participate in ownership. Ex. Easement of Party Wall
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d. Right to impede or prevent the neighboring estate from performing a specific act of
ownership. Ex. Easement of intermediate distances as when the servient estate cannot plant trees
w/o observing certain distances.

6. According to source or origin
a. Voluntaryconstituted by will or agreement of the parties or by a testator.
b. Mixedcreated partly by agreement and partly by law
c. Legalconstituted by law for public use or for private interest


MODES of ACQUIRING EASEMENTS

I. By Title
1. discontinous and apparent
2. continuous and non-apparent
3. discontinous and non-apparent

II. By Title & Presciption(10 years irrespective of good faith or bad faith)
1. continuous and apparent

**Computation of time of Possession for acquisition through prescription [621]
Positive: From the day the dominant estate began to exercise the right (i.e. regarding a
window in a party wall, from the day the opening or window was built [668] )

Negative: From the time Notarial Prohibition was made on the servient estate.

III. By Deed of Recognition [623]
IV. By Final Judgment [623]
V. By Apparent sign established by the owner of two adjoining estates should either of the estates
are alienated, unless at the time the ownership is divided the contrary is provided in the title of
conveyance OR sign removed before execution of deed [624]
VI. By Exproriation

*Absence of a document or proof showing origin of an easement w/c cannot be acquired by
prescription may be cured by a deed of recognition by the owner of the servient estate OR by a
final judgment

RIGHTS OF THE DOMINANT ESTATE OWNER (EMRA)
1. Exercise the easement and all necessary rights for its use including accessory easement [625]
2. Make on the servient estate all works necessary for the use and preservation of the servitude,
BUT
a. Must be at his own expense
b. Must notify the servient owner
c. Select convenient time and manner
d. Must not alter the easement nor render it more burdensome [627.1]
3. Renounce totally the easement if he desires exemption from contribution to expenses [628]
4. Ask for mandatory injunction to prevent impairment of his use of the easement [Resolme v.
Lazo]

OBLIGATIONS OF THE DOMINANT ESTATE OWNER [ANCC]
1. Cannot alter the easement or render it more burdensome [627.1]
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2. Notify the servient owner of works necessary for the use and preservation of the servitude
[627.2]
3. Choose the most convenient time and manner in making the necessary works as to cause the
least inconvenience to the servient owner [627.2]
4. Contribute to the necessary expenses if there are several dominant estates in proportion to the
benefits derived from the works [628.1]

RIGHTS OF THE SERVIENT ESTATE OWNER [RUC]
1. Retain ownership and possession of the portion of the estate on which the easement is
established [630], even if indemnity for the right is given (as in the case of easement of right of
way) [649], unless the contrary has been stipulated.
2. Use the easement unless deprived by stipulation provided that the exercise of the easement is
not adversely affected [630] and provided further that he contributes to the expenses in proportion
to benefits receives, unless theres an agreement to the contrary [628.2]
3. Change the place or manner of the use of the easement, provided that an equally convenient
substitute is made, w/o injury to the dominant estate. [629.2]





OBLIGATIONS OF THE SERVIENT ESTATE OWNER (PRIC)
1. Pay for expenses incurred for the change of location or form of the easement [629.2]
2. In case of impairment, restore conditions to status quo at his expense plus damages. (Paras,
citing Sanchez Roman)
(In case of obstruction, as when the servient owner fences the original right of way, and offers
an inconvenient substitute, which is farther and requires turning at a sharp angle, he may be
restrained by injunctionResolme v. Lazo)
3. Cannot impair the use of the easement [629.1]
4. Contribute to the expenses in case he uses the easement, unless there is a contrary stipulation.
[628.2]

MODES OF EXTINGUISHMENT OF EASEMENTS [631] (MN BERR)
1. MERGER in the same person of the ownership of the dominant and servient estates.
*Merger must be absolute, complete, not temporary.
2. NON-USER for 10 Years.
How computed? 1. Discontinuous: from the day on which they ceased to be used
2. Continuous: from the day on which an act contrary to the same took place

*Use by at least one co-owner of the dominant estate of the easement prevents prescription as
to the others inasmuch as an easement is indivisible. [633]
3. BAD CONDITION of either or both of the tenement, in such a case that it cannot be used. (But
shall revive if the subsequent condition again permit its use unless prescription takes place.
4. EXPIRATION of the term of the fulfilment of the condition, if easement is temporary or
conditional.
5. RENUNCIATION of the owner of the dominant estate
6. REDEMPTION agreed upon between the owners of the dominant and servient estates.



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LEGAL EASEMENTS- are those imposed by law having their object either public use or the
interest of private persons. They shall be governed by the special laws and regulations relating
thereto, and in the absence thereof, by the Civil Code.

KINDS: (WRPL DIAL)
1. Easement Relating to Waters
2. Easement of Right of Way
3. Easement of Party Wall
4. Easement of Light and View
5. Drainage of Building
6. Intermediate Distances and Works for Certain Constructions and Plantings
7. Easement Against Nuisance
8. Lateral and Subjacent Support

EASEMENTS RELATING TO WATERS [DD R DD AC]
1. Natural Drainage of Lands [637]
2. Natural Drainage of Buildings [674]
3. Easement on riparian banks for navigation, floatage, fishing, salvage and towpath [638]
4. Easement of a dam [639, 647]
5. Easement for drawing water or for watering animals [640-641]
6. Easement of aqueduct [643-646]
7. Easement for the construction of a stop lock or sluice gate [647]

Natural Drainage of Lands
*Servient Estate owner cannot construct works that would divert the flow of water or burden
another tenement, nor enclosed his land by ditches or fences which would impede the flow
*Dominant Estate owner cannot collect water, nor increase the velocity of the descent by maing
the ground more impervious or less absorbent, but he may construct works preventing erosion
[Law on Waters].
*If the descending waters are the result of artificial development or proceed from industrial
establishments recently set up or are the overflow from irrigation dams, the owner of the lower
estate shall be entitled to compensation for his loss or damage. (Law on Waters)

Drainage of Buildings
*Owner of Building must construct its roof in such manner that the rain water falls on his own
land or on a street or public place.
*Owner is obliged to collect the water without causing damage to the adjacent land or tenement.
[674]

*If Tenement or Land is subject to easement of receiving water falling from roofsowner of
such tenement may build in such manner as to receive the water upon his own roof or give it
another outlet [675].. This is applicable in places where buildings are constructed in mountainous
or elevated areas and roofings are of different heights. Those in the lower areas may be receiving
in their roofs rain water coming or falling from neighboring roofs. Servient owner should provide an
outet for the passage of falling water to public street.

*Outlet of Rain Water through surrounding houseslike compulsory easement of right of way.
Conditions: (a) No adequate outlet for rain water
(b) Outlet must be at the point of easiest egress
(c) least possible damage
(d) payment of proper indemnity [676]

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Easements along Riparian Banks
*This whether the bank be private or public and whether the river be navigable or not. [638]
*Entire Length and Width of Zone Burdened of 3 meters along the river margins

Easements of TOW PATH
*Towpath: road or track that runs alongside the banks of a river, canal or other inland waterway,
the purpose of which is to allow a land vehicle, animal or a team of human pullers to tow a boat,
often a barge.
*Banks must be navigable or floatable rivers. [638]
*Width Zone: (a) 2 metersanimals (b) 1 meterpedestrians

Easement of a Dam
*Purpose: To divert or take water from a river or brook or for the use of any other continuous or
discontinous stream.
*Person who is to construct and not the owner of the supporting lands or banks must pay
indemnity. [639]





Construction of stop lock or sluice gate [647]
*Requisites: (a) Purpose must be for irrigation or improvement
(b) Construction must be on the estate of another
(c) Damages must be paid
(d) Third persons should not be prejudiced

Easement for drawing water or for watering animals
*Only for reasons of public use in favor of a town or village after indemnity. [640]
*Servient estates owners has obligation to allow passage to persons and animals to place
where easements are to be used, also with indemnity [641] Right of way have a maximum width of
10 meters, which cannot be altered by owners of the servient estates. However, the direction of the
path may be changed, provided use of easement is not prejudiced.

Easement of Aqueduct
* Requisites: Dominant estate owner must [643] {PSI}
1. Prove that he can dispose of the water and that it is sufficient for the use for which it is
intended.
2. Show that the proposed right of way is the most convenient and the least onerous to 3
rd

persons
3. Indemnify the owner of the servient estate

* Cannot be imposed on buildings, courtyards, annexes or outhouses or orchards or gardens
already existing.(for private interests) [644]
* Possible Ways: (a) Construction of an open or covered canal (b) construction of tubes or pipes
* Servient owner may still enclose or fence the servient estate or even build over the aqueduct
so long as no damage is caused or repairs and cleanings become impossible. [645]


EASEMENT OF RIGHT OF WAY
-easement or privilege by which one person or a particular class of persons is allowed to pass over
anothers land, usually through one particular path or line.
PROPERTY

14

Requisites: [650] (OANILI)
1. Claimant must be owner of enclosed immovable or one with real right.
2. There must be no adequate outlet to a public highway.
3. The right of way must be absolutely necessary.
4. The isolation must not be due to the claimants own act.
5. The easement must be established at the point least prejudicial to the servient estate.
6. There must be payment of proper indemnity.

*Basis of Indemnity: [649]
a. Permanent Passage: Value of Land occupied + Amount of Damage to Servient Estate
b. Necessary Passage (i.e. cultivation of estate): Amount of Damage
* Width is dependent on the sufficient needs of the dominant estate [651]
* If the land conveyed by the grantor (i.e. vendor, co-owner, exchanger) is surrounded by his
(grantors) other estates he shall be obliged to grant right of way w/o indemnity to him.. In case of
simple donation, donor is indemnified if a right of way is established [652]
* If it is the land of the grantor that was isolated he may demand a right of way after paying
indemnity.. The donor however is not required to pay indemnity. [653]
* If right of way is permanentnecessary repairs are made by the dominant estate owner.. He
shall pay a proportionate share of taxes to servient estate (According to Paras Proportionate
means the WHOLE tax for the whole estate) [654]

* EXTINGUISHMENT OF EASEMENT OF RIGHT OF WAY(Legal/Compulsory Right of Way)
[655] Not automatic as the law says servient owner may demand
1. Opening of a new road
2. Joining the dominant estate to another(that is the latter becomes also the property of the
dominant owner) which abuts and therefore has access to the public highway. {The new access
must be adequate and convenient}

*Temporary Easement of Right of Way: As when it is indispensable for the construction, repair,
improvement, alteration or beautification of a building to carry materials to estate of another. [656]

*Easement of Right of Way for the Passage of Livestock: [657]
Width (Maximum): a. Animal Path75 meters
b. Animal Trail37.5 meters
c. Passageway for animals under 640/641 for watering10 meters

EASEMENT OF PARTY WALL
-refers to all those mass of rights and obligations emanating from the existence and common
enjoyment of wall, fence, enclosures or hedges by the owners of adjacent buildings and estates
separated by such objects.

PARTY WALLa common wall which separates two estates built by common agreement at the
dividing line such that it occupies a portion of both estates on equal parts. It is a forced co-
ownership.

PARTY WALL vs. CO-OWNERSHIP
PARTY WALL CO-OWNERSHIP
Shares of parties cannot be physically
segregated but they can be physically
identified
Shares of the co-owners can be divided
and separated physically but before such
division, a co-owner cannot pinpoint to any
definite portion of the property as
PROPERTY

15
belonging to him
No limitation as to use of the party wall for
exclusive benefit of a party
None of the co-owners may use the
community property for his exclusive
benefit
Owner may free himself from contributing
to the cost of repairs and construction of a
party wall by renouncing all his rights
thereto
Partial renunciation is allowed


PRESUMPTION THAT A WALL IS A PARTY WALL [659]
1. Dividing walls of adjoining buildings up to the point of common elevation
2. Dividing walls of gardens or yards situated in cities, towns or in rural communities
3. Fences, walls and live hedges dividing rural lands



How Presumption rebutted?
a. Title to the contrary
b. Exterior signs to the contrary
c. Proof to the contrary

*Title prevails over a mere exterior sign.


EXTERIOR SIGNS NEGATIVING EXISTENCE OF PARTY WALL [660] (WOBB CSI)

(1) Whenever in the dividing wall of buildings there is a window or opening
(2) Whenever the dividing wall is, on one side, straight and plumb on all its facement, and on the
other, it has similar conditions on the upper part, but the lower part slants or projects outward;
(3) Whenever the entire wall is built within the boundaries of one of the estates;
(4) Whenever the dividing wall bears the burden of the binding beams, floors and roof frame of
one of the buildings, but not those of the others;
(5) Whenever the dividing wall between courtyards, gardens, and tenements is constructed in such
a way that the coping sheds the water upon only one of the estates;
*Coping: highest or covering course of a wall often of tile and usually with a sloping top to carry
off water and commonly cut with a drip
(6) Whenever the dividing wall, being built of masonry, has stepping stones, which at certain
intervals project from the surface on one side only, but not on the other;
(7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed.

* Presumption of party wall applies to ditches and drains opened between two estates. But there is
a rebuttable presumption: if a deposit of dirt is on one side alone, owner of that side is considered
owner of the ditch. [661]
* Proportionate contribution to repairs and construction similar to co-ownership, unless there is
total renunciation of the share of one owner, the latter is exempt [662]
* When owner of the building supported by a party wall desires to demolish the building he may
also renounce his part-ownership of the wall. He however bears the cost of repairs necessary to
prevent damage which the demolition may cause. [663]

* Requisites for Increasing the Height of the Party Wall [664] [DP BP RG]
1. Must do so at his own expense
PROPERTY

16
2. Must pay the necessary damages caused even if damage is temporary
3. Must bear the costs of maintenance of the portion added
4. Must pay for the increased cost of preservation
5. Must reconstruct if original wall cannot bear the increased height
6. Must give the necessary additional space of his land if wall is to be thickened

*One desiring the increase height or depth shall be the exclusive owner of the additions, unless the
other owners(who have not contributed in increasing height or depth) pay proportionally the value
of the work at the time of the acquisition by other persons outside the original part-ownership and
of the land used for its thickness. [665]
* Use by the co-owners of the wall is in proportion to their right in the co-ownership. [666]





EASEMENT OF LIGHT AND VIEW

* Consent of part-owners of a party wall necessary in opening a window [667]

Easement of Light- right to admit light from the neighboring estate by virtue of the opening of a
window or the making of certain openings.

Easement of View-right to make openings or windows to enjoy the view through the estate of
another and the power to prevent all constructions or works which would obstruct such view or
make the same difficult.

*Period of Prescription how counted? [668]
a. From the time the opening of the window if it is through a party wall
b. From the time of the formal prohibition upon the proprietor of the adjoining land or tenement,
if the window is through a wall on the dominant estate.

* When distances under Art. 670 not observed, owner of a wall w/c is not a party wall adjoining a
tenement or a piece of land belonging to another may make in it openings to admit LIGHT: [669]
i. Maximum size30cm. square
ii. There must be an iron grating imbedded in the wall
iii. There must be a wire screen
--This is referred to as RESTRICTED WINDOWS


*Rules for REGULAR WINDOWS (670)
Direct View: At least 2 meters distance between the wall having the windows and the boundary
line.
--This is measured from the outer line of the wall when the openings do not project OR from
the outer line of the openings when they project [671]
Side/Oblique View: At least 60 centimeters between the boundary line and nearest edge of the
window (Santos v. Rufino)
--This is measured from the dividing line between the two properties.

Direct Viewgaining of direct sigt from an opening in a wall parallel to the boundary line w/o
having to extend out or turn ones head to see the adjoining tenement.

PROPERTY

17
Side/oblique viewgaining of sight of the other tenement from an opening made at an angle
with the boundary line, such that to be able to see the adjoining tenement there is a necessity for
putting out or turning ones head either to the left or to the right.

* Distances in Art. 670 applicable to buildings separated by a public way or a public alley which is
not less than 3 meters wide. [672]
* When a right has been acquired to have direct views, the owner of the servient estate cannot
build thereon at less than a distance of 3 meters. Any stipulation permitting distances less than the
prescribed under Art. 670 is void. [673]





INTERMEDIATE DISTANCES AND WORKS FOR CERTAIN CONSTRUCTIONS AND
PLANTINGS

*No constructions and plantings near fortified places or fortresses [677]
--Fortified Places/fortressesmilitary structure for the defense of the State against foreign
aggression.

*Construction of Aqueduct, Wells, sewers, furnace, forge, chimney, stable, depository of corrosive
substances, machinery or factory w/c are dangerous or noxious not should observe the distances
prescribed regulations and customs of the place. No waiver or alteration by stipulation is allowed
for reasons of public safety. [678]

* Planting of trees subject to distances provided by ordinances or customs if there be none. If both
not present: [679]
a. Tall trees2 meters(minimum) from boundary line to center of the tree
b. Small trees or shrubs50 cm.(minimum) from boundary line to center of tree or shrub

--This is applicable even if trees have grown spontaneously.

* Fruits naturally falling upon adjacent land belong to the owner of said land [681]

EASEMENT AGAINST NUISANCE
--Forms of Nuisance [682][N-JOSH-DWG]
1. noise
2. jarring
3. offensive odor
4. smoke
5. heat
6. dust
7. water
8. glare
PROPERTY

18

LATERAL AND SUBJACENT SUPPORT

Lateral Support--support when the supported and supporting lands are divided by a vertical
plane, which if diminished through diggings or excavations may cause crumbling or sliding of
the neighboring land.

Subjacent Supportsupport when the supported land is above and the supporting land is
beneath it, which if diminished through diggings or excavations may cause sinking of the
neighboring land.

* Any stipulaton or testamentary provision allowing excavations that cause danger to an
adjacent land or building shall be void [685]
* Applicability is not only for standing buildings but also for future ones to be erected. [686]


VOLUNTARY EASEMENTS

* Consent of the usufructuary is not necessary if the Naked Owner imposes any servitude on
the land or tenement as long as it does not injure the usufructuary. [689]
* Both the naked and beneficial owners consent is necessary if a perpetual voluntary easement
is to be established [690]
* Consent of all co-owners necessary in order to impose an easement over the undivided
tenement or land. Consent need not be given simultaneously. But once a co-owner gave his
consent he cannot revoke it. [691]
* Governing Rules for Voluntary Easements: [692]
a. If created by title, title governs and Civil code is suppletory
b. If created by prescription, form and manner in which it had been acquired governs, Civil
code is suppletory.
* When servient estate owner bound himself to pay the cost of maintenance work, he may free
himself if he renounces his property to the dominant estate owner [693]

NUISANCE [694]
-- Any act, omission, establishment, business, condition of property or anything else which
[IASOH]
1. Injures or endangers the health or safety of others (Ex. Factory causing pollution or
house in danger of falling)
2. Annoys or offends the senses (Ex. Garbage cans, too much blowing of horns)
3. Shocks, defies, or disregards decency or morality (Ex. House of prostitution)
4. Obstructs or interferes with the free passage of any public highway or street or any
body of water (Ex. Market Stalls constructed on streets)
5. Hinders or impairs the use of property (Ex. Illegal construction on anothers land)

Negligence vs. Nuisance
Negligence Nuisance
Basis Liability is based on lack of
proper care or diligence
Liability attached regardless of
the degree of care or skill
exercised to avoid injury
Condition of the act Act complained of is already
done which caused injury to
the plaintiff
There is continuing harm
being suffered by the
aggrieved party by the
maintenance of the act or
thing which constitutes the
nuisance
Abatement Abatement is not available as
a remedy. The action is for
damages.
Abatement w/o judicial
proceedings is allowed to
suppress the nuisance

Nuisance vs. Trespass
--In trespass there is entry into anothers property, this is not necessarily so in nuisance.
--In trespass the injury is direct and immediate; in nuisance it is only consequential.

PROPERTY

19
CLASSIFICATION OF NUISANCE
1. Old Classification
a. nuisance per sealways a nuisance (Ex. House of prostitution)
b. nuisance per accidensa nuisance only because of the location or other circumstances.
(Ex. A noisy factory in a residential district)

2. New Classification
A. According to relief (whether given or not)
i. actionable
ii. non-actionable


B. According to manner of relief
i. those abatable by criminal and civil actions
ii. those abatable only by civil actions
iii. those abatable judicially
iv. those abatable extra-judicially

C. According to the Civil Code
i. PUBLICaffets a community or neighborhood or any considerable number of persons
although the extent of annoyance, danger or damage be unequal. [695]
ii. PRIVATEthat which is not public or only affects certain individuals or affects private
rights [695]
*There may be a MIXED NUISANCE or which affects both public and private. As when
it affects the community but there is a special injury to a private person. Example: A house
abutting on a street railway track is a private nuisance to the railway company and a public
nuisance because it obstructs the street.

DOCTRINE OF ATTRACTIVE NUISANCE
One who maintains on his estate or premises an attractive nuisance (which is a dangerous
instrumentality or appliance which is likely to attract children), without exercising due care to
prevent children from playing therewith or resorting thereto is liable to a child of tender years
who is injured thereby, even if the child is technically a trespasser in the premises.
--The principal reason for the doctrine is that the condition or appliance in question although
its danger is apparent to those of age, is so enticing or alluring to children of tender years as to
induce them to approach, get on or use it, and this attractiveness is an implied invitation to such
children.
--Generally not applicable to bodies of water, artificial as well as natural in the absence of
some unusual condition or artificial feature other than the mere water and its location. Thus a
swimming pool or reservoir of water is considered an attractive nuisance.

* Successor of a property constitution nuisance is liable if he did not remove it[696]
* Abatement for nuisance does not preclude recovery of damages for its past existence[697]
* Lapse of time cannot legalize any nuisance except, Non-user for ten years of an easement,
ex. An easement of a dam which was considered a nuisance was not used for 10 years [698]

Remedies against Public Nuisance
1. Criminal Prosecution
2. Civil Action
3. Abatement w/o judicial proceedings
*All remedies may be simultaneously pursued

* Civil action is commenced by the Mayor [701]
* District health officer determines w/n extra-judicial abatement is the best remedy [702]
* A private person may file an action against a public nuisance if it is specially injurious to him
[703]

Conditions for extra-judicial abatement of a public nuisance by a private person
1. Demand to owner or possessor of property
2. Demand was rejected
3. Abatement is approved by district health officer and executed w/ local police assistance
4. Value of destruction does not exceed P3,000
PROPERTY

20



Remedies against a private nuisance
1. Civil Action
2. Abatement w/o judicial proceedings

* A private person injured by a private nuisance may abate it by removing/destroying w/o
committing breach of peace. Procedure for extra-judicial abatement of a public nuisance by a
private person is indispensable. [706]

* A private person extra-judicially abating a nuisance is liable for damages if:
a. he causes unnecessary injury
b. an alleged nuisance is later declared by courts not a real nuisance [707]

REGISTRY OF PROPERTY
--has for its object the inscription or annotation of acts and contracts relating to the ownership
and other rights over immovable property. [708]

Registrationany entry made in a book or public registry of deeds. i.e. cancellation,
annotation, marginal notes.

Register
This may refer to:
i. the act of recording or annotating
ii. the book of registry
iii. the office concerned
iv. the official concerned

Three systems of registration in the Philippines
1. Registration under the Land Registration Act (Torrens System)
2. Registration under the Spanish Mortgage Law
3. Registration under Sec. 194 of the Revised Administrative Code, as amended by Act 3344

Purposes of Registration
1. To give true notice of the real status of real property and real rights thereto
2. To prejudice third persons (unless they have actual knowledge of the transaction concerned)
[709]
3. To record acts or contracts (transmissions and modifications of ownership and other eal
rights over real properties) Note: Registration does not validate or cure a defective instrument
like a forged deed.
4. To prevent the commission of frauds, thus insuring the effectivity of real rights over real
property.

*Registration cannot bind property where it is legally ineffective i.e. registration under wrong
system.
*Registration does not vest title, it is not a mode of acquiring ownership

*The books in the Registry of Property shall be public for those who have known interest in
ascertaining the status of the immovable or real rights annotated or inscribed therein [710]
*Reference to special laws must be made to determine what titles are subject to registration, as
wel as the form, effects and cancellation of registration, and the manner of keeping the books
and the value of the entries contained in said books [711]


MODES OF ACQUIRING OWNERSHIP [712] (OLDTIPS)
1. Occupation
2. Law
3. Donation
4. Tradition
4. Intellectual Creation
6. Prescription
PROPERTY

21
7. Succession

A. Original Modesindependent of any pre-existing or preceding title or right of another
1. Occupation
2. Intellectual Creation or work
B. Derivative Modessomebody else was the owner before
1. Succession
2. Donation
3. Prescription
4. Law (Alluvium, accession, abandonment of river beds, adjunction, fruits falling on
anothers land
5. Tradition, as a consequence of certain contracts (like sale, barter, assignment, simple loan
or mutuum)

MODE vs. TITLE
Mode Title
Directly produces real right Serves merely to give occasion for its
acquisition or existence
Proximate cause Remote cause
The true cause (or process) The justification for the process
Essence of right w/c is to be created or
transmitted
Means whereby essence is transmitted
Creates a real right Creates a personal right

OCCUPATION
--The acquisition of ownership by seizing corporeal things that have no owner, made with the
intention of acquiring them, and accomplished according to legal rules.

Requisites: (SCA-IC)
1. There must be seizure or apprehension (the material holding is not required as long as
there is right of disposition)
2. The property seized must be corporeal personal property
3. The property seized must be susceptible of appropriation (either abandoned property or
unowned property)
4. There must be intent to appropriate
5. The requisites or conditions of the law complied with

Things susceptible to Occupation [713]
1. Things w/o owner
2. animals that are object of hunting and fishing
3. Abandoned movables
4. Hidden treasure

* Ownership of a piece of land cannot be acquired by occupation [714]
*Right to hunt and fish regulated by special laws [715] (such as Fisheries Act; Act 1499
prohibition on use of explosives and poisons for fishing, Hunting Law, declaring close and open
season)

ANIMALS [716/717]
1. Swarm of bees
-owner shall have a right to pursue them to anothers land, paying damages to the owner
of the latters land.
-land owner shall occupy/retain bees if after 2 days, owner did not pursue the bees
2. Domesticated Animals
-may be redeemed w/in 20 days from occupation of another person; shall pertain to one
who caught them if no redemption made w/in the period
3. Pigeons and fish
-when they go to another breeding place, they shall be owned by the owner thereof
provided they are not enticed.

MOVABLES
1. Hidden Treasure found on anothers property, rights under 438 acquired [718]
PROPERTY

22
2. Movable found w/c is not treasure [719/720]
a. must be returned to owner
b. if finder retains, he may be charged with theft
c. if owner is unknown, give to mayor; mayor shall announce the finding of the
movable for two consecutive weeks
d. if owner does not appear 6 months after publication, thing is awarded to finder
e. if owner appears, he is obliged to pay 1/10 of value of property to finder as
reward [720]
f. if movable is perishable or cannot be kept w/o deterioration or w/o expenses it shall
be sold at public auction 8 days after publication

OCCUPATION vs. POSSESSION
Occupation Possession
Mode of acquiring ownership Raises presumption of ownership (concept of
an owner)
Applies only corporeal personal property Applies to both corporeal and incorporeal
The thing is w/o owner Thing is w/ owner
There is intent to acquire ownership Possession may be had in the concept of
mere holder
Takes place w/ some form of possession Takes place w/o occupation
Generally with short duration Usually takes place with longer duration
Cannot lead to another mode of acquisition Can lead to acquisition through prescription


OCCUPATION vs. PRESCRIPTION
OCCUPATION PRESCRIPTION
Original Mode Derivative Mode
Shorter period of possession Generally longer period of possession





INTELLECTUAL CREATION

Persons who may acquire ownership through intellectual creation [721]
1. The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or
other work;
2. The composer as to his musical composition;
3. The painter, sculptor, or other artist, with respect to the product of his art;
4. The scientist or technologist or any other person with regard to his discovery or invention.

When ownership takes place? [722]
Author & ComposerBefore publication (Copyright Laws govern after publication)
Painter/Sculptorbefore copyrighted
Scientist/technologistbefore patented

*Ownership of letters and private communications belong to the person to whom they are
addressed and delivered. Publication of such requires consent of writer or heirs except for
reasons of public good of interest of justice. [723] (Letter here means paper with words,
because the ideas or thoughts really belongs to the sender)

Some Terms:
Copyrightan intangible, incorporeal right granted by statute to the author or originator of
certain (literary or artistic productions whereby he is invested, for a specified period, with the
sole & exclusive privilege of multiplying copies of the same & publishing and selling them.
*Works of Government are exempted from copyrights.

Patentan exclusive right to an invention granted to the patentee, his heirs or assigns for
the term thereof (20 years under Intellectual Property Code)

PROPERTY

23
Patent Infringementact of using or selling any patented invention w/o authority during the
term of the patent and this includes one who induces the infringement.

Patentablerefers to something suitable to be patented. To be patentable, a device, process
or improvement must embody a new idea or principle not before known and it must be a
discovery as distinguished from mere mechanical skill or knowledge.

Not Patentable:
a. Discoveries, scientific theories, mathematical methods
b. Computer Programs
c. Methods for treatment of human or animal body
d. Plant varieties or animal breeds
e. Aesthetic creations
f. Contrary to public order or morality

DONATION
--An act of liberality whereby a person disposes gratuitously of a thing or right in favor of another
who accepts it. [725]

Characteristics:
a. Unilateralobligation imposed on the donor
b. Consensualperfected at the time donor knows of the acceptance [734]

Requisites: (CIDA)
1. The donor must have capacity to make the donation of a thing or right
2. He must have the donative intent (animus donandi) or intent to make the donation out of
liberality to benefit the donee.
3. Delivery, whether actual or constructive of the thing or right donated
4. Donee must accept or consent to donation

Requirements of a Donation
1. Subject Matteranything of value; present property & not future, must not impair legitime
2. Causaanything to support a consideration; generosity, charity, goodwill, past service, debt
3. Capacity to donate and dispose and accept donation
4. Formdepends on value of donation

Essential Elements/features of a true donation
a. Alienation of property by the donor during his lifetime, which is accepted
b. Irrevocability by the donor
c. Animus Donandi
d. Consequent impoverishment of the donor (diminution of his assets)

Kinds of Donation

A. As to consideration
1. Simplethe cause is pure liberality (no strings attached)
2. Remuneratorypurpose: to reward past services, with no strings attached. (The services
here do not constitute recoverable debts.) Ex. A donates a parcel of land to B who had
previously helped him review the bar exams.
3. MODALpurpose: to reward future services or because of certain future changes or
burdens or charges is less than the value of donation. Ex. A donates to B a parcel of land worth
P700K but B should give A a ring worth P150K or teach him certain things, the value of
instruction being P90K
4. Oneroushere there are burdens, charges or future service equal in value to that of the
thing donated. Ex. A donated land worth P2M to B but B has to give A a Ford Expedition worth
also P2M. (Case law provides that this is not really a donation)

B. As to effectivity
1. inter vivostakes effect during the lifetime of the donor
2. mortis causatakes effect upon the death of the donor
3. in praesentito be delivered in future (also considered inter vivos)
4. propter nuptiason the occasion of marriage
PROPERTY

24

C. From the viewpoint of object donated
1. Corporeal
a. Donations of real property
b. Donations of personal property
2. Incorporealdonations of alienable rights






INTER VIVOS MORTIS CAUSA
Takes effect independently of the donors
death
Takes effect upon the death of the donor
Made out of donors pure generosity Made in contemplation of his death without the
intention to lose the thing or its free disposal in
case of survival
Title conveyed to the donee before the donors
death
Title conveyed upon donors death
Valid if donor survives donee Void if donor survives donee
Generally irrevocable during donors lifetime
except for grounds provided by law
Always revocable at anytime and for any
reason before the donors death
Must comply with the formalities required by
Law on donations
Must comply with formalities required by Law
on Succession
Must be accepted by the donee during his
lifetime
Can only be accepted after the donors death
Subject to donors tax Subject to estate tax

Instances of Donation Inter Vivos
1. Donor warrants title to property over which she reserved life time usufruct
2. Donation was accepted by donees who were given limited right of disposition, with donor
reserving beneficial ownership
3. Donation was executed out of love and affection as well as a recognition of the personal
services tendered by the donee
4. Ownership and possession of property immediately transferred to donee but his right to fruits
begin only after donors death
5. Causes of revocation specified
6. Donor states that he makes a perfect, irrevocable and consummated donation
7. Donor and donee prohibited from alienating and encumbering the property
8. Usufruct reserved by the donor

Instances of Donation Mortis Causa
1. Registration of deed of donation prohibited
2. Donation to take effect and pass title only by and because of death
3. Right to dispose and enjoy reserved by donor

* In case of doubt the conveyance should be deemed Mortis Causa in order to avoid uncertainty
as to the ownership of the property. The legal principle enunciated in Art. 1378 applies, where in
case of gratuitous contracts the least transmission of rights and interests must prevail.

* Fixing of an event or imposition of a suspensive condition, w/c may take place beyond the
natural expectation of life of the donor does not affect the nature of a donation inter vivos unless
a contrary intention appears [730]
* Donation subject to the resolutory condition of the donors survival is a donation inter vivos
[731]
*Donations w/ an onerous cause governed by rules on contracts, in case of remuneratory
donations where the portion exceeds the value of burden, excess is governed by contracts and
the remaining, rules on donations [733]


Who May Give Donations? All persons who may contract and dispose of their property [735]
PROPERTY

25
Therefore: Guardians and trustees cannot donate property entrusted to them [736]
* Donors capacity determined as of the time of making the donation [737]

Who may accept donations?
1. Natural and juridical persons w/c are not specially disqualified by law. [738]
2. Minors & other incapacitated
a. by themselves
i. if pure and simple donation
ii. if it does not require written acceptance
b. by guardian, legal representatives if needs written acceptance
i. natural guardiannot more than 50K
ii. court appointedmore than 50K
3. Conceived and unborn child represented by person who would have been guardian if already
born. [742]

PROHIBITED DONATIONS
1. Made between persons who are guilty of adultery and concubinage at the time of donation
2. Made b/w persons found guilty of the same criminal offense in consideration thereof
3. Made to public officers or his/her spouse, descendants and ascendants by reason of his
office
4. Made to the Priest who heard confession of donor during his last illness or the minister of the
gospel who extended spiritual aid to him during the same period
5. Made to Relatives of priest w/in the 4
th
civil degree, church, order of community where the
priest belongs
6. Made to a Physician, nurse etc. who took care of the donor during his last illness
7. Made by a ward to the guardian before the approval of accounts
8. Made to an attesting witness to the execution of donation, if there is any, or to the spouse,
parents, or children or anyone claiming under them
9. Made by individuals, associations or corporations not permitted by law to make donations
10. Made by spouses to each other during the marriage or to persons of whom the other spouse
is a presumptive heir.

* Donations of the same thing to two or more different donees governed by the provisions on
Double Sale [744]
* Donee must accept donation personally or through an authorized person with special power of
attorney or one with a general and sufficient power [745]
* Acceptance s/d be made during lifetime of both donee and donor [746]

Donation of Movables [748]
Orally or in writing
If oralsimultaneous delivery of thing or document representing right required
If value of personal property exceeds P5,000 donation and acceptance must be in writing
Non-compliance w/ foregoing renders donation void.

Donation of Immovables [749]
Must be in a public document, specifying the property donated and the value of charges
the donee should satisfy
Acceptance may be made in the same deed or separately, but must be made during the
lifetime of donor
Acceptance in a separate document requires notification to donor in an authentic form





What may be given? LIMITATIONS ON DONATION OF PROPERTY [750]
All or part donors present property provided he reserves sufficient means for the support of
the following:
a. himself
b. relatives who by law are entitled to his support
c. legitimes shall not be impaired if he has forced heirs
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When there is no reservation of the abovementioned or if donation is inofficious, may be
reduced on petition of persons affected.
Donations should not prejudice 3
rd
persons
Future property cannot be donated [751]

Note: Art. 750 does not apply to onerous donation, mortis causa and propter nuptias(which
cannot be reduced, as they are only revocable on grounds expressly provided by law)

*When donation is made to several persons jointly, it is understood to be in equal shares and
there is no right of accretion among them unless the donor otherwise provides. This rule is not
applicable to donations made to husband and wife jointly. [753]
*Donee is subrogated to all rights of donor in case of eviction. Donor however is not obliged to
warrant the thing donated except when donation is onerous. Donor is liable for hidden defects in
case there is bad faith. [754]
*Donor may make reservations to dispose part of the object donated, but if he dies it pertains to
the donee. [755]
*The donation of naked ownership and usufruct may be made to different persons provided all
the donees are living the time of donation [756]
* Reversion may be established in favor of the donor and to other persons(who are living at the
time of donation). Stipulations by the donor in favor of 3
rd
persons who are not living at the time
of donation is void but shall not nullify the donation [757]
* Stipulation that donee should pay debts of the donor applicable only to debts contracted
previous to the donation, unless there is an agreement to the contrary. The donee shall not be
responsible to debts exceeding the value of property donated, unless a contrary intention
appears. [758]
* Donee is responsible to pay debts even if there is no stipulation if the donation was made in
fraud of creditors. It is considered in fraud of creditors when the donor did not reserve sufficient
property to pay debts prior to donation [759]

EFFECTS OF DONATION
1. Donee may demand the delivery of the thing donated
2. Donee is subrogated to the rights of the donor in the property
3. In donations propter nuptias, the donor must release the property from encumbrances, except
servitudes
4. Donors warranty exists if: (a) expressed (b) donation is propter nuptias (c) donation is
onerous (d) donor is in bad faith
5. When the donation is made to several donees jointly they are entitled to equal portions, w/o
accretion, unless the contrary is stipulated








REVOCATION OR REDUCTION OF DONATIONS

REVOCATION WHEN DONOR DOES NOT HAVE CHILDREN DURING DONATION,
CONDITIONS TO TAKE EFFECT [760]
a. if the donor after the donation should have legitimate or legitimated or illegitimate children,
even though they be dead
b. if the child of the donor, whom he believed to be dead should turn out to be alive
c. if the donor should adopt a minor.
--The reduction or revocation is only insofar as it exceeds the portion that may be freely
disposed of by will after taking account the whole estate of the donor at the time of existence of
the abovementioned events. [761]

What the donee must do after reduction or revocation? [762]
1. Return the property.
2. Give the value (usually price of the sale) if it was sold. If it was mortgaged donor may pay the
debt subject to reimbursement from the donee.
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3. Return the value at the time of perfection of donation if property lost or totally destroyed.

Prescription of action for revocation or reduction: after 4 years from the birth of the first child or
from his legitimation, recognition or adoption or from judicial declaration of filiation or from the
time information was received of childs existence. Action is not renounces and transmitted
upon donors death to legitimate and illegitimate children and descendants. [763]

*Donation is revoked upon failure of the donee to comply with conditions. Action for revocation
prescribes in four years and also transmissible to heirs and may be exercised against donees
heirs. Alienations or mortgages made by donee void. [764]

REVOCATION BY REASON OF INGRATITUDE [765] [CIR]
(1) If the donee should commit some offense against the person, the honor or the property of
the donor, or of his wife or children under his parental authority
(2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude,
even though he should prove it, unless the crime or the act has been committed against the
donee himself, his wife or children under his authority
(3) If he unduly refuses support to donor when the donee is legally or morally bound to give
support to the donor.
-- Alienations and mortgages effected before the notation of the complaint for revocation in the
Registry of Property shall subsist. [766]
-- If donor cannot recover property to 3
rd
persons, he may recover the value of property(at the
time of donation) to the donee [767]
-- Action cannot be renounced in advance. Action prescribes w/in 1 year from the time donor
had knowledge of the fact that it was possible for him to bring the action[769]

*What fruits must be returned when donation is revoked [768]
a. Fruits accruing from the time action is filed must be returned if the ground is
1. Article 760 (revocation by donor having no children)
2. Inofficiousness of the donation because the legitime is impaired [771]
3. Ingratitude [765]
b. Fruits received after failure to fulfill the condition/s must be returned if the ground is Non-
Compliance with any of the conditions imposed. [764]

*Actions are not transmissible to the heirs if the donor did not institute the same.(Even if donor
died before the 1 year expiration period).. And also actions cannot be brought against the
donees heirs unless the complaint was filed upon his(donees) death. [770]
--Exceptions: 1. Donee killed the donor (donor never had the chance to revoke)
2. When donor died w/o knowing act of ingratitude

PERSONS WHO CAN ASK FOR THE REDUCTION OF INOFFICIOUS DONATION upon
donors death [772]
1. The compulsory heirs of the donor (whether children, other descendants, ascendants or
surviving spouse)
2. The heirs and successors-in-interest of the compulsory heirs

PERSONS WHO CANNOT ASK FOR REDUCTION OF INOFFICOUS DONATION upon
donors death [772] [VDLC]
1. voluntary heirs of the donor (friends, brothers etc.)
2. devisees (recipients of gifts of real property in a will)
3. legatees (recipients of gifts of personal property in a will)
4. creditors of the deceased

Prescriptive Period to reduce or revoke: 5 Years from the time of donors death

* Preference on reduction is given to earlier donations, therefore the subsequent donations must
first be reduced [773]

Revocation vs. Reduction
Revocation Reduction
Affects the whole property regardless of
whether the legitime has been impaired or not
As a rule only part of the property is affected,
and applies only when legitime is impaired
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28
As a rule, for the benefit of the donor As a rule for the benefit of the heirs of the
donors (because of their legitimes)
Applicable to cases of supervening birth; non
fulfilment of conditions/charges; acts of
ingratitude and inofficious donations
Applicable to cases of supervening birth and
inofficious donations and when legitimes are
impaired or donor did not reserved for support
of himself and relatives

PRESCRIPTION- a mode by which one acquires ownership and other real rights thru lapse of
time; also a means by which one loses ownership, rights and actions.

Kinds:
1. Acquisitive Prescriptionone acquires ownership and other real rights through the lapse of
time in the manner and under the conditions laid down by law.
Requisites: (CTPL)
a. capacity to acquire by prescription
b. a thing capable of acquisition by prescription
c. possession of the thing under certain conditions
d. lapse of time provided by law





a. Ordinaryrequires possession of things in good faith and with just title for the time fixed by
law. Requisites (1117-1120):
Possession in Good Faith (Reasonable belief that the person who transferred the
thing is the owner & could validly transmit ownership. This must exist throughout the
entire period required for prescription)
Just title (through any of the modes recognized by law; must be true and valid; must
be proved)
Within the time fixed by law: MOVABLES: a) in GF-4 years; b) w/o conditions-8
years IMMOVABLES: a) 10 years
In concept of an owner
Public, peaceful and uninterrupted possession (Must be known to the owner of the
thing; acquired and maintained w/o violence; no act of deprivation by others)
Possession is naturally interrupted when through any cause it should cease
for more than one year. The old possession is not revived if a new possession
should be exercised by the same adverse claimant. (1122) Civil interruption is
produced by judicial summons to the possessor (1123)
When Judicial Summons shall be deemed not issued: (1124)
a. If it should be void for lack of legal solemnities
b. If the plaintiff should desist from the complaint or should allow the
proceedings to lapse
c. If the possessor should be absolved from the complaint
Any express or tacit recognition by the possessor of the owners right also
interrupts possession.(1125)
Area possessed prevails over the area in the title (1135)
b. Extra-ordinaryacquisition of ownership and other real rights without need of title or of good
faith or any other condition
Requisites:
1. Just title is proved
2. Within the time fixed by law
a. 8 years for movables
b. 30 years for immovables
3. in concept of an owner
4. public, peaceful and uninterrupted
2. Extinctive Prescriptionrights and actions are lost through the lapse of time in the manner
and under the conditions laid down by law.

DISTINCTION BETWEEN ACQUISITIVE AND EXTINCTIVE PRESCRIPTION
ACQUISITIVE EXTINCTIVE
Relationship between the occupant and the land in One does not look to the act of the possessor but
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29
terms of possession is capable of producing legal
consequences; it is the possessor who is the actor
to the neglect of the owner
Requires possession by a claimant who is not the
owner
Requires inaction of the owner or neglect of one
with a right to bring his action
Applicable to ownership and other real rights in the
occupant
Applies to all kinds of rights, whether real or
personal
Results in the acquisition of ownership or other real
rights in a person as well as the loss of said
ownership or real rights in another
Results in the loss of a real or personal right or
bars the cause of action to enforce the said right
Can be proven under the general issue w/o its
being affirmatively pleaded
Should be affirmatively pleaded and proved to bar
the action or claim of the adverse party
Vests ownership or other real rights in the occupant Produces the extinction of rights or bars a right of
action



Lachesfailure or neglect for an unreasonable and unexplained length of time, to do that
which, by exercising due diligence, one could or should have done earlier. It is negligence or
omission to assert a right within a reasonable time, warranting a presumption that the party
entitled to assert it either has abandoned it or declined to assert it.


PRESCRIPTION vs. LACHES
PRESCRIPTION LACHES
Concerned with the fact of delay Concerned with the effect of delay
A question or matter of time Principally a question of inequity of permitting
a claim to be enforced, this inequity being
founded on some subsequent change in the
condition or the relation of the parties
Statutory Not statutory
Applies at law Applies in equity
Cannot be availed of unless it is especially
pleaded as an affirmative allegation
Being a defense in equity, it need not be
specifically pleaded
Based on a fixed time Not based on a fixed time

Who may acquire by prescription (1107)
1. Persons who are capable of acquiring property by other legal modes
2. Minors and other incapacitated personally or through their parents, guardians or legal
representatives


Against whom Prescription runs (1108) (MAP-JC)
1. Minors and other incapacitated persons who have parents, guardians or other legal
representatives
2. Absentees who have administrators, either appointed by them before their disappearance or
by the courts
3. Persons living abroad who have managers or administrators
4. Juridical persons except the State and its subdivisions
5. Between co-heir or co-ownerPrescription obtained by one co-heir/co-owner benefits
others(1111)

Against whom Prescription does not run (1109)
1. Between husband and wife eventhough there be a separation of property agreed upon in the
marriage settlements or by judicial decree.
2. Between parents and children during the minority or insanity of the latter
3. Between guardian and ward during the continuance of the guardianship

Renunciation of Prescription Already Obtained. Requisites (1112)
1. The person renouncing must have capacity to alienate property.
2. The renunciation must refer to prescription already obtained
3. It must be made by the owner of the right, unless an administrator, executor or other legal
representative has been given a special power of attorney
4. It must not prejudice the rights of creditors
PROPERTY

30

The right to acquire by prescription in the future cannot be renounced (1112)
There is tacit renunciation when the renunciation results from acts which imply
abandonment of the right acquired (1112)
Notwithstanding the express or tacit renunciation by a person of a prescription already
obtained, his creditors and all persons interested in making prescription effective may
still plead prescription for themselves to the extent of their credit (1114)

Things subject to Prescription (1113): All things w/in the commerce of men, private property
& patrimonial property of the state

Things not subject to Prescription:
1. Of Public domain
2. intransmissible rights
3. movables possessed through a crime (1133)
4. registered land under PD 1529

RULES IN COMPUTATION OF PERIOD (1138)
1. Present possessor may tack his possession to that of his grantor or predecessor in interest
2. Present possessor presumed to be in continuous possession even with intervening time
unless contrary is proved
3. First day excluded, last day included


































PRESCRIPTIVE PERIOD OF ACTIONS
Prescriptive Period Actions
Imprescriptible To declare an inexistent or void contract
To quiet title
To demand a right of way
To bring an action for abatement of public
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31
nuisance
To demand partition in co-ownership
To enforce a trust
Probate of a will
To recover possession of a registered land
under PD 1529 by the registered owner
30 Years real actions over immovables (but not
foreclosure) w/o prejudice to the acquisition of
ownership or real rights by acquisitive prescription
10 Years Actions upon a written contract
Actions upon an obligation created by law
Actions upon a judgment from the time
judgment becomes final
Actions among co-heirs to enforce warranty
against eviction in partition
Mortgage action
8 Years Action to recover movables w/o prejudice to
acquisition of title for a shorter period or to the
possessors title under Arts. 559, 1505, 1133
6 Years Actions upon an oral contract
Actions upon a quasi-contract
5 Years Action for annulment of marriages (except on
the ground of insanity) and for legal separation
counted from the occurrence of the cause
Actions against the co-heirs for warranty of
solvency of the debtor in credits assigned in
partition
Action for declaration of the incapacity of an
heir (devisee or legatee) to succeed
All other actions whose periods are not fixed by
law, counted from the time action accrues
4 Years Action to revoke donations due to non-
compliance of conditions
Action to rescind partition of deceaseds estate
on account of lesion
Action to claim rescission of contracts
Annulment of contracts for vice of consent
Actions upon a quasi-delict
Action to revoke or reduce donations based on
birth, appearance or adoption of a child
Actions upon an injury to the rights of the
plaintiff (not arising from contract)
3 Years Actions under the eight hour labor law
Actions to recover losses in gambling
Money claims as a consequence of employer-
employee relationship
Action to impugn legitimacy of a child if the
husband or his heirs reside abroad
2 Years Action to impugn legitimacy of a child if the
husband or his heirs are not residing in the city or
municipality of birth
1 Year Action to impugn legitimacy of a child if the
husband or his heirs are residing in the city of
municipality of birth
Forcible entry and unlawful detainer
Defamation
Revocation of donation on the ground of
ingratitude
Rescission or for damages if immovable is sold
with an apparent burden or servitude
Action for warranty of solvency in assignment of
credits
6 Months Actions for warranty against hidden defects or
encumbrances over the thing sold
40 Days Redhibitory action based on faults or defects of
animals