Professional Documents
Culture Documents
Property Judge Quiambao 1
Property Judge Quiambao 1
PROPERTY REVIEWER
No, however when severed from the body breaking the material or
become property like the hair, blood. deterioration of the object;
4. Statutes, reliefs, paintings or
IS A CORPSE A PROPERTY? other objects for use or
No. While it holds true that a corpse may be ornamentation, placed in
considered as a thing because it loses its buildings or on lands, by the
legal personality, because of moral reason owner of the immovable in such
and public policy, it cannot be considered as a manner that it reveals the
a property. intention to attach them
permanently to the tenements;
MAY IT BE SUBJECT OF CONTRACTUAL 5. Machinery, receptacles,
RELATION? instruments or implements
Generally, a person’s body whether alive or intended by the owner of the
dead cannot be the subject of contractual tenement for an industry or
relation. A person cannot give his body works which may be carried on
parts and receive money in exchange of it. in a building or on piece of land,
However, there are instances where a and which tend directly to meet
person’s body part may be taken only for the needs of the said industry or
scientific or medical purpose. Body parts works;
can only be a legacy or a donation under 6. Animal houses, pigeon-houses,
Organ Donation Act when the person is beehives, fish ponds or breeding
dead or immediately before. Stressed must places of similar nature, in case
be put that organs or body parts are not their owner has placed them or
within the commerce of men. preserves them with the
intention to have hem
permanently attached to the
land, and forming a permanent
IMMOVABLE PROPERTIES: part of it; the animals in these
ART.415 enumerated the different places are included;
immovable properties, to wit: 7. Fertilizer actually used on a piece
Art.415: The following are of land;
immovable property: 8. Mines, quarries, and slag dumps,
1. Land, buildings, roads and while the matter thereof forms
constructions of all kinds part of the bed, and waters
adhered to soil; either running or stagnant;
2. Trees, plants and growing fruits, 9. Docks and structures which,
while they are attached to the though floating are intended by
land or form an integral part of their nature and object to
an immovable; remain at a fixed place on a
3. Everything attached to an river, lake or coast;
immovable in a fixed manner, in 10. Contracts for public works and
such a way that it cannot be servitudes and other real rights
separated therefrom without over immovable property.
CAN A HOUSE BE THE OBJECT OF A transaction in the light of Act No. 3135, as
CHATTEL MORTGAGE? amended by Act No. 4118, as was so
Yes. A house, although a real property may considered by her when she requested the
be a subject of chattel mortgage provided provincial sheriff to sell it extra-judicially in
that the parties mutually agreed to consider order to secure full satisfaction of the
the house a personality and that no indebtedness still owed her by the
innocent third person shall be prejudiced. mortgagor. It is clear that Act No. 3135, as
As explained by the Supreme Court in Luna amended, only covers real estate
v. Encarnacion, the SC noted that: mortgages and is intended merely to
regulate the extra- judicial sale of the
FACTS: Jose Luna executed a chattel property mortgaged if and when the
mortgage in favor of Trinidad Reyes which mortgagee is given a special power or
includes a certain house of mixed materials express authority to do so in the deed itself,
to secure the payment of the promissory or in a document annexed thereto. These
note. When Jose Luna failed to pay, the conditions do not here obtain. The
mortage was forclosed and was purchased mortgage before us is not a real estate
by Trinidad Reyes. Trinidad Reyes mortgage nor does it contain an express
demanded from Jose Luna to surrender the authority or power to sell the property
possession of the property through a extra-judicially.
petition filed in the Court of First instance, But regardless of what we have heretofore
Judge Encarnacion then granted the stated, we find that the validity of the sale
petition of Trinidad Reyes ordering the in question may be maintained, it appearing
provincial sheriff to place the possession of that the mortgage in question is a chattel
the property to Trinidad Reyes, overruling mortgage and as such it is covered and
the opposition of Jose Luna that the regulated by the Chattel Mortgage Law, Act
mortgage involved is a chattel mortgage No. 1508. Section 14 of this Act allows the
and not real estate mortgage. mortgagee to have the property mortgaged
sold at public auction through a public
ISSUES: whether or not the property can be officer in almost the same manner as that
extrajudicially sold allowed by Act No. 3135, as amended by
Act No. 4118, provided that the
HELD: There is merit in this claim. As may requirements of the law relative to notice
be gleaned from a perusal of the deed and registration are complied with. We are
signed by the parties (Annex "C"), the not prepared to state if these requirements
understanding executed by them is a of the law had been complied with in this
chattel mortgage, as the parties have so case for the record before us is not
expressly designated, and not a real estate complete and there is no showing to that
mortgage, specially when it is considered effect. At any rate, this issue is not now
that the property given as a security is a important because the same can be
house of mixed materials which by its very threshed out when the opportunity comes
nature is considered as personal property. for its determination, nor is it necessary for
Such being the case, it is indeed a mistake us to consider it in reaching a decision in
for the mortgagee to consider this the present case. Suffice it to state that for
the present we are not expressing any CAN THE OWNER QUESTION THE VALIDITY
opinion on this matter which concerns the OF THE CHATTEL MORTGAGE WHEREIN HIS
validity of the sale in question for the HOUSE IS THE OBJECT?
reason that this opinion will only be limited No. the validity of the house constituted on
to a matter of procedure relative to the the house which is a real property cannot
step taken by the mortgagee in securing the be questioned by the owner thereof
possession of the property involved. because he is placed under estoppels from
denying the existence of chattel mortgage.
In the supposition that the sale of the
property made by the sheriff has been PAR 2: TREES, PLANTS AND GROWING
made in accordance with law, and the FRUITS, WHILE THEY ARE ATTACHED TO THE
question he is confronted is how to deliver LAND OR FROM AN INTEGRAL PART OF AN
the possession of the property to the IMMOVABLE.
purchaser in case of refusal to surrender its - These are immovable by nature
possession on the part of the debtor or
mortgagor, the remedy of the purchaser, Rules on Trees and Plants:
according to the authorities, is to bring an 1. Trees and plants of whatever size
ordinary action for recovery of possession are always considered immovable by
(Continental Gin Co. vs. Pannell, 160 P., their very nature because they are
598; 61 Okl., 102; 14 C. J. S., pp. 1027, not to move from one place to
1028). The purchaser cannot take another; or
possession of the property by force either 2. They may be considered immovable
directly or through the sheriff. And the by incorporation when planted
reason for this is "that the creditor's right of through labor.
possession is conditioned upon the fact of
default, and the existence of this fact may Generally, trees and plants of whatever
naturally be the subject of controversy" size, when adhered to the land are always
(Bachrach Motor Co. vs. Summers, 42 Phil., immovable whether it is by nature or by
3, 6). The creditor cannot merely file a incorporation. The distinction is immaterial
petition for a writ of possession as was because what the provision provides that so
done by Trinidad Reyes in this case. Her long as the trees or plants are adhered to
remedy is to file an ordinary action for the land it will always be treated as
recovery of possession in order that the immovable property.
debtor may be given an opportunity to be XPN: trees and plants, once
heard not only regarding possession but uprooted will be
also regarding the obligation covered by the considered as personal property
mortgage. The petition she has filed in the already
lower court, which was not even docketed,
is therefore improper and should be Rules on Growing Plants:
disregarded. Notice that par 2 of Art 415 on Immovable
Property, growing plants are also
considered as immovable property. On this
light, we will also follow the rules on trees
DISTINGUISH PAR 3 FROM PAR 4 OF ART for the purpose of his industry, it is
415: deemed immovable property.
The distinction of Par 3 from Par 4 of Art
415 is very clear, that is: WHEN TO USE PAR 3 AND PAR 4?
1. The movable property in PAR 3 In classifying the movable object whether it
cannot be separated from the will be treated as immovable under ART
immovable property without 415, the test is who placed such movable
breaking or deterioration of the property. If it was placed not by the owner
movable property while the of the immovable, apply PAR 3, if it is
movable property in PAR 4 can placed by the owner of the immovable by
be separated from the himself, apply PAR 4.
immovable without breaking or
deterioration.
2. The movable property attached REQUISITES:
in PAR 3 may be placed by the 1. Must be placed by the owner of the
owner of the immovable or the tenement;
owner of the movable or third 2. The industry is carried in the
person while the movable building or land to which the
property attached in PAR 4 must movable property is attached by the
be attached by the owner of the owner; and
immovable property or his agent 3. Such movable property attached
either express or implied. therein is essential to the industry.
3. The status of the object in PAR 3
is immovable property by SITUATION:
incorporation while in PAR 4 is A owned a hospital and placed some
immovable by incorporation and photocopy machineries therein. Are those
destination. machineries considered immovable
---------------------------------------------------------- property by destination?
No. PAR 5 of ART 415 is very clear that only
PAR 5. MACHINERY, RECEPTACLES, those property which is essential to the
INSTRUMENTS OR IMPLEMENTS INTENDED industry carried in such building or
BY THE OWNER OF THE TENEMENT FOR AN tenement will be considered immovable.
INDUSTRY OR WORKS WHICH MAY BE The reason for this is because without these
CARRIED ON IN A BUILDING OR ON A PIECE instruments, the industry will not
OF LAND, AND WHICH TEND DIRECTLY TO materialize. Photocopy machineries are not
MEET THE NEEDS OF THE SAID INDUSTRY essential to the industry owned by A,
OR WORKS. hence, it is a personal property and not real
- Immovable by destination or property
purpose
-the object is movable by its object Rules on machinery instrument and
but because of the intention of the implement installed by a lesse.
owner of the tenement to place it
2. LAW- by special provision of law example, the food, to ue it, you must eat it
3. FORCES OF NATURE and once eaten, it is gone)
4. MOBILITY- if it can be transferred 2. NON-CONSUMABLE PROPERTY- one
from one place to another which can be used without being
consumed, eaten or used up. (example, the
book, to use it, you read it, tomorrow you
PAR 4. IN GENERAL, ALL THINGS WHICH can still use it by reading it again)
CAN BE TRANSPORTED FROM PLACE TO * the distinction is whether a property can
PLACE WITHOUT IMPAIRMENT OF THE REAL be use over and over again. If yes, it is non-
PROPERTY TO WHICH THEY ARE FIXED. consumable, if not, it is consumable
- These are transportable things from
palce to place without impairing he DISTINGUISH CONSUMABLES FROM
movable to which they are attached FUNGIBLES:
1. Consumables are those properties
Art. 417. The following are also considered which cannot be used according to
as personal property: their nature without being
consumed, eaten or used up, while
(1) Obligations and actions which have fungible things which can be
for their object movables or demandable substituted by another things.
sums; and 2. The test whether it is consumable or
(2) Shares of stock of agricultural, not is whether it cannot be used
commercial and industrial entities, over and over again, while the test
although they may have real estate. for fungible things is based on the
intention of the parties.
- This covers credits, that is the right 3. Consumables things does not
to recover movables and necessarily follows it is fungible
demandable sums of money things
(matured credits) are personal ----------------------------------------------------------
property.
Fungible things- things which can be
Art. 418. Movable property is either substituted or replaced by an equal
consumable or nonconsumable. To the quantity and quality.
first class belong those movables which e.g. books,
cannot be used in a manner appropriate to
their nature without their being Non-Fungible things- things which cannot
consumed; to the second class belong all be substituted by the same specie because
the others. it must be returned to the owner.
long as the property is intended for public and public service when no longer intended
use, it will remain property of public for that purpose may be converted to
dominion notwithstanding the fact that fees patrimonial property and excluded those
have been collected from the people. Such intended for the development of national
fees collected will not affect the wealth.
characteristic of the property as such are
only used for maintenance purposes. WHAT IF THE PUBLIC PROPERTY IS
ABANDONED, CAN IT BE ALIENATED
Art. 421. All other property of the State, ALREADY?
which is not of the character stated in the No. As a rule, formal declaration from the
preceding article, is patrimonial property. Executive Department that the property is
no longer intended for public use or public
WHAT ARE PATRIMONIAL PROPERTY OF service is a condition sine qua non for it to
THE STATE? be converted to patrimonial property and
These are properties of the state which is be alienated. Absence of formal
not intended for public use, public service declaration, the property continues to form
or for the development of the national part of the public domain and cannot be
wealth. These are acquired by the state in alienated or be the subject f acquisitive
its private capacity, hence can be subject to prescription.
prescription or appropriation and can be an
object of ordinary contracts or agreements. CAN LOCAL GOVERNMENT DECLARE OR
WIHDRAW A PUBLIC PROPERTY FROM
Art. 422. Property of public dominion, PUBLIC USE?
when no longer intended for public use or As a rule, it is the Executive Department
for public service, shall form part of the who is responsible for such formal
patrimonial property of the State. declaration. The exception is when such
authority is granted by the law.
HOW DOES THE CONVERSION FROM
PROPERTY OF PUBLIC DOMINION TO Rule on conversion of property of public
PATRIMONIAL PROPERTY EFFECTED? dominion:
The conversion from property of public G.R.: There must be a formal declaration
dominion to patrimonial property is from the Executive Department declaring
effected through a formal declaration from that the public property is no longer
the Executive or Legislative Department intended for that use.
that it is no longer needed for said XPN: when the property has ceased to be
purposes. used for public use and is used for another
purpose.
CAN THE PROPERTY OF PUBLIC DOMINION
INTENDED FOR THE DEVELOPMENT OF Art. 423. The property of provinces, cities,
NATIONAL WEALTH BE CONVERTED TO and municipalities is divided into property
PATRIMONIAL PROPERTY? for public use and patrimonial property.
No. Art 422 is very clear that only property Art. 424. Property for public use, in the
of public dominion intended for public use provinces, cities, and municipalities,
consist of the provincial roads, city streets, succession, an alien may acquire alienable
municipal streets, the squares, fountains, and disposable land.
public waters, promenades, and public
works for public service paid for by said KRIVENKO DOCTRINE
provinces, cities, or municipalities. The capacity to acquire private lands is
made dependent on the capacity to acquire
CLASSES OF PROPERTY OF POLITICAL or lands of the public domain.
SUBDIVISIONS OF THE STATE:
1. Property for public use Under the Krivenko Doctrine, non-Filipinos
2. Patrimonial Property cannot acquire or hold title to private lands
or to the lands of the public domain except
only by way of legal succession.
Property for public use in provinces, cities
and municipalities are governed by the
same rules as property of public dominion OWNERSHIP
of same character. Hence it is outside the Art. 427. Ownership may be exercised
commerce of man. As long as they are over things or rights.
devoted for public use or intended for
public use, they are not subject to ordinary OWNERSHIP- is the juridical relation of a
contracts, cannot be donated, attached or person over a thing by virtue of which said
levied upon on execution. person has the exclusive power or authority
to receive all the benefits and advantages
Art. 424. Property for public use, in the arising from said thing, save those restricted
provinces, cities, and municipalities, by law or by the recognized rights of others.
consist of the provincial roads, city streets, - A thing pertaining to one person is
municipal streets, the squares, fountains, completely subjected to his will in
public waters, promenades, and public everything not prohibited by law or
works for public service paid for by said the concurrence with the rights of
provinces, cities, or municipalities. another.
- Can own both things and rights.
REGALIAN DOCTRINE- all properties not
clearly falling within private ownership is
owned by the State. RIGHTS OF AN OWNER:
1. JUS UTENDI- RIGHT TO USE
WHO MAY OWN LANDS? 2. JUS FRUENDI- RIGHT TO FRUITS
Only Filipino citizen can acquire alienable 3. JUS DISPONDENDI- RIGHT TO
and disposable public lands. DISPOSE
4. JUS VINDICANDI- RIGHT TO
CAN ALIEN ACQUIRE PRIVATE OWNERSHIP RECOVER
OVER THE LANDS? 5. JUS ABUTENDI- RIGHT TO ABUSE
As a general rule, aliens have no right to 6. RIGHT TO EXCLUDE
acquire any public or private lands in the 7. RIGHT TO ENCLOSE
Philippines. However, through hereditary
WHAT IS THE PRINCIPLE OF SELF HELP? What is the limitation on the right of the
This is a principle which authorizes an owner to enclose or fence one’s land or
owner or lawful possessor of a property to tenement?
use reasonable counter-force to prevent or Every owner may enclose or fence his land
stop another person from taking the or tenement by means of walls, ditches, live
former’s property. There must be no delay or dead hedges or by any other means
in the pursuit, otherwise, his recourse will provided that in so fencing the property, no
be to go to the court for the recovery of servitude or easement constituted thereon
property. should be impaired.
Art. 431. The owner of a thing cannot What is the right of the owner whose
make use thereof in such manner as to property is destructed by reason of state of
injure the rights of a third person. necessity?
The owner will seek reimbursement from all
SIC UTERE TUO UT ALIENUM NON LAEDAS those who benefited from the destruction
- A property owner can use his of his property.
property in any manner he desires
provided he does not injure the WHAT IS THE EFFECT OF ERRORS,
rights of others or greatly impair the MISTAKES OR MISCALCULATIONS IN STATE
public rights and interests of the OF NECESSITTY?
community. If through error, mistake or miscalculation,
a person thought that he is in a state of
Art. 432. The owner of a thing has no necessity when in fact he is not, and in the
right to prohibit the interference of process he destroyed the property, his acts
another with the same, if the interference will be illegal and the owner is justified in
is necessary to avert an imminent danger using counter-force to prevent the
and the threatened damage, compared to destruction of his property. The person who
the damage arising to the owner from the destroyed the property must indemnify the
interference, is much greater. The owner owner of the sacrificed property for
may demand from the person benefited damages brought by his destruction to the
indemnity for the damage to him. property.
be the owner subject to strong, clear and or prove he has a strong, clear and credible
convincing evidence to the contrary. evidence, his claim must be dismissed even
if the defendant’s title is weak. The reason
WHAT IS THE RESORT OF THE OWNER for this is in case both evidence it weak, the
REBUTTING THE PRESUMPTION? presumption of ownership will prevail
The owner may resort to judicial process to because there is already ownership
recover the property to the person. presumed. Other reasons are, there is a
possibility that neither the plaintiff nor the
Art. 434. In an action to recover, the defendant is the true owner of the
property must be identified, and the property, being the case, it is the one who is
plaintiff must rely on the strength of his in possession will be preferred; there is a
title and not on the weakness of the presumption raised in favor of the
defendant's claim. defendant and he is not obliged to prove
better title than the plaintiff, it is the
plaintiff who must prove his better title
REQUISITES FOR ACTION TO RECOVER: than the defendant; the possessor is always
1. The plaintiff must properly presumed to be in good faith.
indentified the property;
2. The plaintiff must have better title Art. 435. No person shall be deprived of
over the defendant; and his property except by competent
3. The plaintiff must rely on the authority and for public use and always
strength of his title and not on the upon payment of just compensation.
weakness of defendant’s title
Should this requirement be nit first
complied with, the courts shall protect
In properly identifying the property the and, in proper case, restore the owner in
plaintiff must establish the boundary of the his possession.
land then and the established boundaries
must be exactly the same with the surveyed General rule: No person shall be deprived
one. Failure to do so will justify the of his property.
dismissal of the action. XPN: When through a competent authority,
the private property will be used for public
The plaintiff must have a better title than use and upon just compensation.
the defendant so that it will always be in his
favor. Eminent domain:
This is the right of the state to acquire
WHY DOES THE PLAINTIFF MUST NOT RELY private property for public use upon
ON THE WEAKNESS OF THE DEFENDANT’S payment of just compensation.
CLAIM?
The plaintiff must stand on the strength of Expropriation:
his title and not on the weakness of the It is the process whereby the private
defendant’s claim. This is so because if the property is taken by the competent
plaintiff cannot prove he has a better title authority from its owner for public use.
Art. 436. When any property is minerals form part of the property of the
condemned or seized by competent State for the development of national
authority in the interest of health, safety wealth.
or security, the owner thereof shall not be
entitled to compensation, unless he can Art. 437. The owner of a parcel of land is
show that such condemnation or seizure is the owner of its surface and of everything
unjustified. under it, and he can construct thereon any
works or make any plantations and
As a rule, when a private property is excavations which he may deem proper,
expropriated for public use, the private without detriment to servitudes and
owner must be paid with just subject to special laws and ordinances. He
compensation. However, if the private cannot complain of the reasonable
property expropriated is used for the requirements of aerial navigation. (350a)
interest of health, safety or security, the
private owner is not entitled for the just SURFACE AND SUBSURFACE RIGHTS – The
compensation. owner of a parcel of land, no matter how
small, is the owner of the surface thereof.
Art. 437. The owner of a parcel of land is And it is presupposed that he owns the
the owner of its surface and of everything underneath or sub-surface up to the center
under it, and he can construct thereon any of the earth.
works or make any plantations and
excavations which he may deem proper, STANDARD OF SUBSURFACE: Economic
without detriment to servitudes and Utility, up to the center of the earth but
subject to special laws and ordinances. He practically not because its already hot.
cannot complain of the reasonable
requirements of aerial navigation.
WHAT IS THE EXTENT OF THE OWNERSHIP Art. 438. Hidden treasure belongs to the
OF A PARCEL OF LAND? owner of the land, building, or other
The owner of the parcel of land is also the property on which it is found.
owner of the surface and sub-surface
thereof. He is also the owner of the aerial Nevertheless, when the discovery is made
space exactly corresponding to the size of on the property of another, or of the State
his land subject to reasonable requirements or any of its subdivisions, and by chance,
of aerial navigation. one-half thereof shall be allowed to the
finder. If the finder is a trespasser, he shall
Sub-surface right not be entitled to any share of the
The right extended to the owner of the treasure.
parcel of land with respect to its sub-
surface is up to the extent that the owner If the things found be of interest to science
could utilize it. However, when minerals of the arts, the State may acquire them at
found it, it will be owned by the State their just price, which shall be divided in
pursuant to Regalian doctrine as these conformity with the rule stated. (351a)
Art. 439. By treasure is understood, for *Right of finder employed to look for
legal purposes, any hidden and unknown treasure: No share in the treasure unless
deposit of money, jewelry, or other agreed upon since he was already hired
precious objects, the lawful ownership of hence a receiver of a wage.
which does not appear. (352)
*Married spouses? Automatically to the
conjugal property
HIDDEN TREASURE – unknown deposit of
money, jewelry, or other precious objects, WOULD YOU STILL BE CONSIDERED A
the lawful ownership of which does not FINDER BY CHANCE IF YOU ARE HIRED?
appear.
Yes since you pushed your luck even if it
REQUISITES: was intentional.
TIME WHEN FRUITS ARE CONSIDERED TO materials of another, shall pay their value;
EXIST: and, if he acted in bad faith, he shall also
1. Perennial Fruits – physically appear be obliged to the reparation of damages.
on the trees – coconuts, mangoes, The owner of the materials shall have the
durians, jackfruits, no need of right to remove them only in case he can
replanting after bearing fruits do so without injury to the work
2. Annual fruits – deemed to exist from constructed, or without the plantings,
the moment their seedlings appear constructions or works being destroyed.
or sprout from the ground, palay, However, if the landowner acted in bad
monggo, corn, etc faith, the owner of the materials may
3. Young of animals – sufficient that remove them in any event, with a right to
they are obviously subsisting in the be indemnified for damages. (360a)
womb of the dam, although unborn
yet. They do not have to be born INDUSTRIAL ENDEAVORS:
alive with certain hours to become Building – act of erecting a structure or
animals like humans in Article 41. construction of any kind with a roof and
intended for residential, office, social,
commercial or other purposes. A
warehouse is not a building.
SECTION 2. - Right of Accession with
Respect to Immovable Property
Planting – act of setting into the soil or land
seeds or seedlings of trees such as
Art. 445. Whatever is built, planted or
coconuts, mangoes, bananas, etc. It is
sown on the land of another and the
necessary that there have taken roots to be
improvements or repairs made thereon,
considered property of the landowner.
belong to the owner of the land, subject to
the provisions of the following articles.
Sowing – act of scattering over or spreading
(358)
of germinated seeds indiscriminately but
*Materials used belong to third person? evenly through hand or mechanical device.
Builder and sower principally liable, land
owner subsidiary liable GR: The owner of the land is the owner of
whatever is built, planted or sown on that
*Subsidiary liability will only arise when the land, including improvements and repairs
principal has no capacity to pay or is made thereon.
insolvent XPN: The builder, planter, sower or third
person subject to knowing if he is in good
Art. 446. All works, sowing, and planting faith or bad faith.
are presumed made by the owner and at
his expense, unless the contrary is proved. Under the FC, a building constructed on the
(359) land of one of the spouses at the expense of
the conjugal partnership will belong to the
Art. 447. The owner of the land who makes partnership or to the spouse who owns the
thereon, personally or through another, land depending on which of two properties
plantings, constructions or works with the has a higher value. If the land is more
valuable than the building, the building shall *The owner of a tree has a right to uproot
be owned by the owner of the land and his own tree even if it is beneficial to other
vice-versa subject to reimbursement at the tenement as shade.
time of the liquidation of the conjugal
partnership. GOOD FAITH (LO) – believes that the
materials which he used belonged to him. If
LAND OWNER (LO) is Owner of Materials he knew from the outset, that they do not
BUILDER, PLANTER (OM) belong to him, he is in bad faith.
OR SOWER (BPS) BAD FAITH (OM) – he knew of the fact that
GOOD FAITH GOOD FAITH his materials are being utilized in the
-Acquire and 1. Remove materials construction of a building and he
becomes the owner if w/o injury to work manifested no opposition thereto, he is bad
of the building etc or w/o plantings or faith. He cannot be heard to complain. He
after paying constructions being loses his materials and at the same time, he
indemnity for value destroyed (Art 447) loses his right to reimbursement or
(Art 447) damages. Additionally, he can even be
2. Receive indemnity made liable for consequential damages
for value of sustained by the owner of the land.
materials provided
he does not remove GOOD FAITH (OM) – has no knowledge of
materials the fact that his materials are being used by
BAD FAITH GOOD FAITH anyone
-Acquire after paying 1. Remove materials
value of materials in any event Art. 448. The owner of the land on which
and indemnity for anything has been built, sown or planted in
damages but subject 2. Be indemnified for good faith, shall have the right to
to the right of OM to damages appropriate as his own the works, sowing
remove (Art 447 as (reimbursement) or planting, after payment of the
per 454) (Art 447 as per 454) indemnity provided for in Articles 546 and
548, or to oblige the one who built or
planted to pay the price of the land, and
GOOD FAITH BAD FAITH the one who sowed, the proper rent.
-Acquire w/o paying -lose materials w/o However, the builder or planter cannot be
indemnity right to be obliged to buy the land if its value is
indemnified considerably more than that of the
BAD FAITH BAD FAITH building or trees. In such case, he shall pay
-Same as though -Same as though reasonable rent, if the owner of the land
both acted in good both acted in good does not choose to appropriate the
faith (in pari delicto) faith (in pari delicto) building or trees after proper indemnity.
The parties shall agree upon the terms of
Co-ownership not Co-ownership not the lease and in case of disagreement, the
contemplated contemplated court shall fix the terms thereof. (361a)
*LO has the choice to decide removed, in order to replace things in their
former condition at the expense of the
*OL/BSP (GF) person who built, planted or sowed; or he
-Appropriate, must pay, oblige to pay for may compel the builder or planter to pay
the land, sowed – rent the price of the land, and the sower the
proper rent. (363a)
*Article not applicable to lessee since he
builds at his own risk being aware that he is Art. 451. In the cases of the two preceding
merely a lessee articles, the landowner is entitled to
damages from the builder, planter or
Art. 449. He who builds, plants or sows in sower. (n)
bad faith on the land of another, loses
what is built, planted or sown without *450-451 – Alternative rights
right to indemnity. (362)
Art. 452. The builder, planter or sower in
*BSP (BF) – loses the things without right to bad faith is entitled to reimbursement for
indemnity the necessary expenses of preservation of
the land. (n)
EXCEPTION: necessary expenses for
preservation Art. 453. If there was bad faith, not only on
the part of the person who built, planted
REMEDIES OF LANDOWNER ON BUILLDER
or sowed on the land of another, but also
IN BF:
on the part of the owner of such land, the
1. Appropriate what has been built rights of one and the other shall be the
without any obligation to pay same as though both had acted in good
indemnity therefore faith.
2. Demand that the builder remove
what has been built It is understood that there is bad faith on
3. Compel the builder to pay the value the part of the landowner whenever the
of the land act was done with his knowledge and
without opposition on his part. (354a)
Art. 449. He who builds, plants or sows in
bad faith on the land of another, loses *Both in BF: apply rule as if both are in good
what is built, planted or sown without faith
right to indemnity. (362)
Art. 454. When the landowner acted in bad
Accession effect of LO/BPS in BF? faith and the builder, planter or sower
proceeded in good faith, the provisions of
They become in GF. Apply 448. article 447 shall apply. (n)
Art. 450. The owner of the land on which Art. 455. If the materials, plants or seeds
anything has been built, planted or sown in belong to a third person who has not acted
bad faith may demand the demolition of in bad faith, the owner of the land shall
the work, or that the planting or sowing be answer subsidiarily for their value and only
in the event that the one who made use of *If caused by fish traps – not artificial, with
them has no property with which to pay. deliberate desire
This provision shall not apply if the owner REASON WHY GIVEN TO RIPARIAN
makes use of the right granted by article OWNER:
450. If the owner of the materials, plants 1. Person is in the best position to
or seeds has been paid by the builder, cultivate the land
planter or sower, the latter may demand 2. To offset his loss for possible erosion
from the landowner the value of the of his estate due to current of river
materials and labor. (365a) 3. To compensate for his sufferings or
burdens arising from subjection of
Art. 456. In the cases regulated in the his land to encumbrances or legal
preceding articles, good faith does not easements
necessarily exclude negligence, which gives
right to damages under article 2176. (n) WHAT IF THE SOIL IS DEPOSITED FROM
THE SEA?
*Good faith is not an excuse for negligence The State owns it
WHAT IS ALLUVIUM?
It is the soil imperceptibly and gradually FACTS: Petitioner is the owner of the land in
deposited on lands adjoining the banks of question who is seeking for the approval of
rivers caused by the current of the water the court in his application to register his
land. His land is situated in Balanga, Bataan.
WHAT IS ACCRETION? On its north is Manila Bay, Bulacan river on
It is the process whereby soil is deposited its west and talisay river on its east. He
claims that there was accretion when the
REQUISITES: Bulacan river and Talisay river flow
1. Deposit should be gradual downstream and met in Manila Bay thereby
2. Cause is the current of the river depositing sands and soil on Pascual’s
3. River must continue to exist property resulting now to a 14.6 hecatares
4. Increase must be comparatively land.
little
5. Land where accretion took place is ISSUE: W/N there was alluvium that shall
adjacent to a bank of river automatically be owned by the riparian
owner
HELD: The disputed land is an accretion not Art. 459. Whenever the current of a river,
on a river bank but on a sea bank, or on creek or torrent segregates from an estate
what used to be the foreshore of Manila on its bank a known portion of land and
Bay which adjoined private respondent’s transfers it to another estate, the owner of
own tract on the northern side. It is part of the land to which the segregated portion
the public domain belonged retains the ownership of it,
provided that he removes the same within
*Litoral owner disputed land is intended for two years. (368a)
public uses, and so long as the land in
litigation belongs to the national domain WHAT IS AVULSION?
and is reserved for public uses, it is not It is the process whereby a portion of a land
capable of being appropriated by any is segregated from an estate by the forceful
private person except through express current of a river, creek or torrent and
authorization granted in due form by a transferred to another estate.
competent authority
ELEMENTS OF AVULSION:
WHAT IF THE ACCRETION HAPPEND ON 1. The process is sudden and abrupt
THE LAGUNA DE BAY? causing segregation of a portion of
Since Laguna de Bay is a lake, the accretion land from one estate and
of which shall belong to the owner of the transferring it to another estate
land contiguous thereto. 2. The property detached is known and
identifiable
*An unregistered alluvial property is 3. The ownership of the property is
therefore subject to acquisition through retained by the owner within 2 years
prescription by third persons from detachment
4. The ownership of the detached
*457 is only applicable to banks of rivers property is not automatically vested
in the owner of the tenement to
Art. 458. The owners of estates adjoining which it was attached
ponds or lagoons do not acquire the land
left dry by the natural decrease of the WHAT IS A RIVER?
waters, or lose that inundated by them in It is a natural stream of water, of greater
extraordinary floods. (367) volume that a creek or rivulet flowing, in a
more or less permanent bed or channel,
*Not applicable to lakes because it remains between defined banks or walls, with a
to property of owners current which may either be continuous in
one direction or affected by the ebb and
*When the sea moves toward the estate flow of tide.
and the tide invades it, the invaded
property becomes foreshore land and ELEMENTS:
passes to the realm of the public domain
1. Water
2. Bed
3. Banks
If the material is more precious than the WHAT IF THERE ARE 2 OR 3 OBJECTS?
transformed thing or is of more value, its Only one is considered a principal.
owner may, at his option, appropriate the
new thing to himself, after first paying
indemnity for the value of the work, or *In adjunction, accessory follows the
demand indemnity for the material. principal? Yes.
If in the making of the thing bad faith *In mixture, accessory follows the
intervened, the owner of the material shall principal? No. Proportional, agreement of
have the right to appropriate the work to the parties. In mixture, there is no
himself without paying anything to the accessory and principal.
maker, or to demand of the latter that he
*Rice mixed by accident, 5 sacks dinorado
indemnify him for the value of the material
rice Juan, 10 sacks jasmine rice Maria. What
and the damages he may have suffered.
would govern the relations? Co-ownership.
However, the owner of the material
Maria owns 10 sacks, 5 sacks Juan.
cannot appropriate the work in case the
PROPORTIONAL OWNERSHIP.
value of the latter, for artistic or scientific
reasons, is considerably more than that of *In adjunction, do the objects return their
the material. (383a) nature when they are joined? Yes.
Art. 478. There may also be an action to QUIETING OF TITLE IS NOT EQUAL TO
quiet title or remove a cloud therefrom RECOVERY OF POSSESSION.
when the contract, instrument or other
obligation has been extinguished or has MAY AN ACTION TO QUIET TITLE BE FILED
terminated, or has been barred by BY A PERSON NOT A POSSESSOR?
extinctive prescription. Yes, what is important is that the plaintiff
should have interest in the property.
Art. 479. The plaintiff must return to the
defendant all benefits he may have RULES ON PRESCRIPTION OF AN ACTION
received from the latter, or reimburse him TO QUIET TITLE:
for expenses that may have redounded to 1. Plaintiff possessor – does NOT
the plaintiff's benefit. prescribe
2. Plaintiff NOT possessor – ordinary
Art. 480. The principles of the general law 10 years, extraordinary 30 years
on the quieting of title are hereby adopted
insofar as they are not in conflict with this WHAT IS THE OBLIGATION OF THE
Code. PLAINTIFF WHEN HE WINS THE CASE:
1. Indemnify necessary expenses
Art. 481. The procedure for the 2. Return benefits received
quieting of title or the removal of a
cloud therefrom shall be governed by GENERAL PRINCIPLES OF LAW:
such rules of court as the Supreme 1. Prescription
Court shall promulgated. 2. Equity
3. Avoid multiplicity of suits
CLOUD – semblance of a title, either legal or 4. Res judicata
equitable, or a cloud of an interest in land
appearing in some legal form but which is, CHAPTER 4
in fact, unfounded, or which it would be RUINOUS BUILDINGS AND TREES IN
inequitable to enforce. DANGER OF FALLING
NECESSARY WORKS MUST INTROUDUCE This is counted from the time the
THE NECESSARY WORKS OR REPAIRS TO construction was finished.
PREVENT IT FROM FALLING.
Art. 483. Whenever a large tree threatens
*If the collapse of the building is the result to fall in such a way as to cause damage to
of any defect in the construction mentioned the land or tenement of another or to
the person who suffered damages on the travelers over a public or private road, the
occasion thereof, may proceed only against owner of the tree shall be obliged to fell
the engineer or architect or contractor in and remove it; and should he not do so, it
accordance with reglementary period 1292. shall be done at his expense by order of
the administrative authorities. (390a)
ADMINISTRATIVE REMEDY – Building
official or City Engineer in cities may order *Refers to large trees, owner is obliged to
the demolition of the structure at the cut or fell the tree and remove cuttings.
expense of the owner, or take measures to Should he not do so, it shall be cut by the
insure public safety. administrative authorities of the place.
Quasi-delict.
LACK OF KNOWLEDGE IS NOT AN EXCUSE
TO OWNER’S LIABILITY VACANT LOT, PLANTED VEGETABLES TO
YOUR PARCEL OF LAND, YOU SAW IT AND
*If the owner refuses to demolish IMMEDIATELY YOU DESTROYED IT. IS
dangerous construction, and it is urgent, no YOUR ACTION PROPER?
need of court order, local authorities can No. During the Marcos time, there was a
demolish it and the expenses shall be borne LAW ON GREEN REVOLUTION. Planting
by the owner. vegetables on vacant lots are possible
hence, your action was not proper. Your
A BUILDING COLLAPSED, REASON IS remedy would be to talk to the planter and
PLANNING OF CONSTRUCTION? settle the differences amicably.
1723
Title III. - CO-OWNERSHIP
Art. 485. The share of the co-owners, in Equal unless contrary provided
the benefits as well as in the charges, shall
be proportional to their respective *If they have different shares then their
interests. Any stipulation in a contract to participation in the benefits and charges shall
the contrary shall be void. be proportional to their respective interest
prevent the other co-owners from using it any co-owner may file an action against
according to their rights. The purpose of another person.
the co-ownership may be changed by
agreement, express or implied. (394a) *When a co-owner brings an action, it is
deemed instituted for the benefit of all, but
DOES THE OWNER HAVE THE RIGHT TO if the case does not prosper, the other co-
USE THE ENTIRE PROPERTY? owners are not bound by the judgment
Yes. unless they were served with summons,
even as unwilling plaintiffs
WHAT ARE THE LIMITATIONS TO THIS
RIGHT? *A co-owner cannot acquire a property
The thing owned in common should be through prescription, there should be
used only: repudiation
a. According to the purpose of which it
is intended NEGLIGENT CO-OWNER BRINGS ACTION
b. It is without injury or prejudice to AGAINST ANOTHER PERSON FOR CO-
the interest of the co-ownership OWNED PROPERTY. EFFECT?
c. Without preventing the use of other The decision is binding but the expenses
co-owners shall be borne only by the negligent co-
owner.
DETERMINATION OF THE PURPOSE OF THE
PROPERTY: REQUISITES OF PRESCRIPTION IN FAVOR
1. The purpose stipulated in the OF A CO-OWNER:
agreement 1. The owner has performed
2. In default thereof, the purpose for it unequivocal acts of repudiation
was ordinarily adapted to its nature amounting to an ouster of the other
will be considered co-owners
3. In default of the above, the use for 2. Such positive acts of repudiation
which it was devoted to will be have been made known to the other
considered as the purpose co-owners
*By agreement, the co-owners may change 3. Evidence must be clear and
the purpose of the co-ownership convincing
warning and as a matter of courtesy, the co- door, common yard and sanitary
owner works common to all, shall be
maintained at the expense of all
NO NOTIFICATION ON NECESSARY the owners pro rata;
REPAIRS. EFFECT?
Still can compel other co-owners to pay (3) The stairs from the entrance to
PROVIDED, the co-owner who initiated the the first story shall be maintained
repairs and paid for it prove the others that at the expense of all the owners pro
there was indeed a need to repair and that rata, with the exception of the
there is reasonableness on the expenses. owner of the ground floor; the
PRACTICAL – lesser expenses stairs from the first to the second
PRACTICABLE – with possibility story shall be preserved at the
expense of all, except the owner of
WHAT IF ON THE NEED FOR NECESSARY the ground floor and the owner of
REPAIRS, THERE WAS AN OPPOSITION, the first story; and so on
WHATS IS THE CONSEQUENCE? successively. (396)
If by reason of the opposition, the property
was damage, the oppose shall borne the *This article is applicable only if there is NO
expenses. AGREEMENT
common interest, the courts may afford Whenever a part of the thing belongs
adequate relief. (397a) exclusively to one of the co-owners, and
the remainder is owned in common, the
WHAT IS ALTERATION? preceding provision shall apply only to the
A change which more or less permanently part owned in common. (398)
changes the use of a thing and adversely
affecting the condition of the thing or its ACTS OF ADMINISTRATION – acts of
enjoyment by the others management that do not involve alteration
of the property; those which are temporary
WHO SHALL DECIDE ON EMBELLISHMENT? in character so smuch that they do not bind
There is a need for UNANIMOUS CONSENT. the property for a long time, although they
CAN AN IMPLIES CONSENT FROM A CO- may be renewed; and those which do not
OWNER BE TANTAMOUNT TO A NEED TO create real rights over the common
PAY FOR ITS EMBELLISHMENT EXPENSES? property
No. Only express consent shall be the factor
for the need to pay expenses on EXAMPLES OF ACTS OF ADMINISTRATION:
embellishment. 1. Leasing a parcel of land not more
than a year and not registered
WHEN IS IT ILLEGAL? 2. Borrowing money for urgent repairs
No unanimous consent 3. Paying workers and employees for
salaries
*Everyone will benefit in profit even if not 4. Paying taxes
all consented 5. Filing representative suit
Art. 493. Each co-owner shall have the full 2. One of the co-owners sold his right
ownership of his part and of the fruits and to a stranger
benefits pertaining thereto, and he may 3. The sale was made before the
therefore alienate, assign or mortgage it, partition
and even substitute another person in its 4. Right of redemption must be
enjoyment, except when personal rights exercised by one or more co-owners
are involved. But the effect of the within 30 days from the time of
alienation or the mortgage, with respect to notification in writing by vendee or
the co-owners, shall be limited to the co-owner vendor
portion which may be alloted to him in the 5. Vendee must be reimbursed for the
division upon the termination of the co- price of sale
ownership. (399)
*Redemption does not terminate co-
*Substitution of a co-owner by another is ownership
violative of the right to privacy
WHO CAN REDEEM?
*A co-owner does not lose his part Legal redemption may only be exercised by
ownership of a co-owned property where the co-owner/s who did not part with his or
his share is mortgaged by another co-owner their pro indiviso share in the property held
without his knowledge and consent in common
MAY A CO-OWNER DEMAND PARTITION? Valid if C died before the 10 year period
Yes, at anytime because the law Void if C died after the 10 year period
discourages co-ownership because it is
seemingly an imaginary agreement Because death is certain and inevitable.
MAY THE RULE BE APPLIED TO A PARCEL 1. Is the plaintiff really the co-owner?
OF LAND OR OBJECTS THAT MAY BE 2. How should the thing be divided?
PHYSICALLY DIVIDED?
HOW IS PARTITION EFFECTED?
Yes, it is applicable to all kinds of property.
Legal or juridical partition can be resorted 1. Agreement between and among the
to even if it is possible for the object to be parties
physically divided. 2. Agreement may be oral or in writing.
It can also be judicial if the
IS ART 495 ABSOLUTELY PROHIBIT agreement involved is realty
PARTITION? through an action against co-owners
No. Only the physical partition of the object *Superior rights over property under
partition is not precluded
KINDS OF PARTITION:
*In case of personalty, if actual partition
1. Juridical could not be made, it may be sold under
2. Physical the discretion of the court and the
proceeds divided among the owners
MAY PARTITION BE MADE ORALLY? after deducting the necessary expenses
Yes, if it is manifest that there is real Art. 497. The creditors or assignees of the
intention on the part of the parties. co-owners may take part in the division of
Moreover, the Statute of Frauds, which the thing owned in common and object to
requires an agreement to be in writing is its being effected without their
Those who are creditors of the co-owners The debtor or assignor is given the right
DURING co-ownership. Both ordinary and to rebut the claims of the creditor or
preferred creditors assignee to establish the validity of the
partition
*The creditors are allowed to take part in
the partition because they own part of the Art. 498. Whenever the thing is essentially
interests of the co-owner who made the indivisible and the co-owners cannot agree
assignment or alienation. They cannot that it be allotted to one of them who shall
oppose the implementation of a partition indemnify the others, it shall be sold and
effected without their conformity its proceeds distributed. (404)
CAN THE CREDITOR STILL ASSAI the period during which co-
PARTITION? possession lasted. In other words, it
is deemed continous.
Yes if they were defrauded
Title IV. - SOME SPECIAL PROPERTIES
Art. 500. Upon partition, there shall be a
mutual accounting for benefits received CHAPTER I
and reimbursements for expenses made. WATERS
Likewise, each co-owner shall pay for
damages caused by reason of his *CHECK THE CODAL...
negligence or fraud. (n)
WATERS – refers to water underground,
Art. 501. Every co-owner shall, after above the ground, atmosphere and within
partition, be liable for defects of title and the territorial jurisdiction
quality of the portion assigned to each of
the other co-owners. (n) OWNERSHIP OF WATERS – State
ownership:
lessee is in possession but he is not the BUT until the possession has ripen into full
owner of the property. ownership like by operation of prescription,
the possessor may lose his possession to
Art. 524. Possession may be exercised in those who can establish SUPERIOR RIGHTS
one's own name or in that of another.
Art. 525. The possession of things or rights
Direct Possession - actual possession of a may be had in one of two concepts: either
thing, own name in the concept of owner, or in that of the
Indirect Possession - possession through an holder of the thing or right to keep or
agent, name of another enjoy it, the ownership pertaining to
another person.
KINDS OF INDIRECT POSSESSION:
1. Voluntary - as when the agent TWO CONCEPTS OF POSSESSION:
possesses for the principal by virtue
of agreement 1. Concept of an owner - the possessor
proceeds from the person's belief or
2. Necessary - as when a mother pretension that he is the owner of the thing
possesses for a child still in her as manifested by certain acts of ownership
womb and the public believes he is the owner.
*tax declarations are NOT conclusive
3. Unauthorized - this will become the evidence of ownership, nevertheless they
principal's possession only after are good indicia of possession in the
there has been a ratification without concept of an owner
prejudice to the effects of
negotiorum gestio (inofficious 2. Concept of a holder - the possession
management) does not arise in the belief or conviction
that he is the owner of the thing, because
WHAT IS THE RIGHT OF A POSSESSOR "EN the possessor ACKNOWLEDGES the
CONCEPTO DE DUENO?” ownership of the thing by another person.
A possessor in the concept of an owner can ex. lessee, depositary
do , on the thing or right possessed,
whatever the "owner" of the thing or right WHAT IS THE DISTINCTION BETWEEN
can do. Thus, he can: POSSESSION IN GOOD FAITH AND
POSSESSION IN THE CONCEPT OF AN
1. bring actions to protect and OWNER?
maintain his possession
In possession in good faith, the possessor is
2. ask for the registration of his not aware of any flaw or problem in his
possession title.
*effects of possession in good faith shall not Minors - below 18 years of age
benefit him except upon the death of the Incapacitated persons - do not have the
descendent capacity to act
ex.
WHAT IS THE REASON FOR THE RULE THAT a. insane
BAD FAITH CANNOT BE TRANSMITTED? b. imbecile
It is only a state of mind personal to the c. deaf-mute
person who acted. d. civil interdictee
e. prodigal or spendthrifts
WHEN WILL THE GOOD FAITH OF f. absentee
SUCCESSOR COMMENCE?
From the time of death of decedent GENERAL RULE: they should be provided
legal representatives to acquire possession
SITUATION 1: of things
A DIED 2010 (BF) – 20 YEARS POSSESSION XPN: if the delivery is simultaneous
B – DESCENDENT (GF) Example: Minors buying at sari-sari store
Art. 536. In no case may possession be 2. acts executed clandestinely and without
acquired through force or intimidation as the knowledge of the possessor which
long as there is a possessor who objects means that:
thereto. He who believes that he has an a. acts are not public
action or a right to deprive another of the b. unknown to the owner or possessor
holding of a thing, must invoke the aid of 3. mere tolerance by the owner or
the competent court, if the holder should possessor
refuse to deliver the thing. Why? Because it is not adverse.
of another whose title has not been clearly *Just title by prescription can be attacked
established. collaterally.
*Upon registration, it becomes a valid and
*resolution of an issue of ownership is NOT true title
a bar to a separate action to finally
determine issue of ownership WHAT IS A PUTATIVE TITLE?
A kind of title where a person has the
*possessor in bad faith is also allowed for as impression and belief that he is the owner
long as the act done is not yet a criminal of the property; however, he is not the
one owner there being NO mode of acquiring
ownership present.
Art. 540. Only the possession acquired and
enjoyed in the concept of owner can serve ex. "A" is in possession of a property which
as a title for acquiring dominion. he believes to be his own due to impression
that he inherited it as an adopted child.
*Just title is not limited to documents which However, eventually it was discovered that
are sufficient to transfer ownership. it can the adoption process was void.
cover acts, even verbalacts which are legally Consequently, there is no successional right
sufficient to transmit ownership of property has been transferred.Another example
of a real right. would be possession of a thief.
WHAT IS THE DIFFERENCE BETWEEN JUST PAYMENT OF REAL TAXES PLUS POSSESSION
TITLE IN POSSESSION AND JUST TITLE IN IN THE CONCEPT OF A HOLDER =STRONG
PRESCRIPTION? EVIDENCE OF OWNERSHIP
In just title in possession, it is a valid title Art. 541. A possessor in the concept of
sufficient to transfer ownership. It is owner has in his favor the legal
presumed in possesssion. In just title in presumption that he possesses with a just
prescription, the title is a colorable title title and he cannot be obliged to show or
meaning the grantor is not the owner. It is prove it.
not presumed.
WHAT ARE THE PRESUMPTIONS OF LAW IN
HOW WOULD YOU DISTINGUISH JUST FAVOR OF POSSESSION?
TITLE FROM TRUE AND VALID TITLE? 1. Presumption of continuance of
Just title is rebuttable while a valid title is possession
not rebuttable hence a registered title. 2. Uninterrupted possession of
hereditary property
*True and valid title prevails over a just 3. Possession with just title
title. 4. Exclusive possession of common
property
Deed of sale = true and valid title 5. Possession of movables with real
property
6. Uninterrupted possession
2. Desist complain
WHEN IS THE PRESUMPTION THAT A 3. Absolve from complain
POSSESSOR HAS A JUST TITLE APPLICABLE?
REQUISITES: Extra judicial Interruption - the person
1. He must be in possession himself sends demand letters or
2. Possession must be in the concept of an approaches the other person personally
owner
WHAT ARE THE REASONS FOR THE Art. 543. Each one of the participants of a
PRESUMPTION? thing possessed in common shall be
1. Presumption that one is in good faith deemed to have exclusively possessed the
2. Inconvenience of carrying proof of part which may be allotted to him upon
ownership around the division thereof, for the entire period
during which the co-possession lasted.
FOR PURPOSES OF PRESCRIPTION, IS THIS Interruption in the possession of the whole
PRESUMPTION APPLICABLE? or a part of a thing possessed in common
No. shall be to the prejudice of all the
possessors. However, in case of civil
IS THE POSSESSOR OBLIGED TO SHOW OR interruption, the Rules of Court shall apply.
PROVE JUST TITLE?
No. He is presumed to be the owner *Upon the partition of the property in
thereof, UNLESS there be VALID REASON. common, each one of the co-owners shall
The remedy of the one seeking for it is be deemed in possession of that portion
JUDICIAL PROCESS for recovery of property. alloted to him from the time the partition is
made.
Art. 542. The possession of real property
presumes that of the movables therein, so Example: "A", "B" and "C" are brothers.
long as it is not shown or proved that they They inherited a parcel of land from their
should be excluded. father in 1988 and partitioned it in 1999. All
are in good faith. Anyone who shall claim
GENERAL RULE: The possession of rights in 1999 against any of the shares
movables in an immovable is presumed, alloted to the participants in the partition
unless it is shown that they should be will fail for the reason that the possession
excluded began in 1988 NOT in 1999, and therefore,
XPN: If it has been proven that the the ownership of the participants had
movables are not appurtenent thereto. As already been vested on the basis of
when movables are merely deposited for ordinary prescription, which requires only
safekeeping. 10 years of continuous possession.
Art. 544. A possessor in good faith is of the growing fruits, as an indemnity for
entitled to the fruits received before the his part of the expenses of cultivation and
possession is legally interrupted. the net proceeds; the possessor in good
faith who for any reason whatever should
Natural and industrial fruits are considered refuse to accept this concession, shall lose
received from the time they are gathered the right to be indemnified in any other
or severed. manner.
Civil fruits are deemed to accrue daily and
belong to the possessor in good faith in *Not applicable to loss, only to proceeds.
that proportion. What shall be done is still in proportion but
will not consider time of possession
***REFER TO TABLE*** anymore
Art. 545. If at the time the good faith Art. 546. Necessary expenses shall be
ceases, there should be any natural or refunded to every possessor; but only the
industrial fruits, the possessor shall have a possessor in good faith may retain the
right to a part of the expenses of thing until he has been reimbursed
cultivation, and to a part of the net therefore.
harvest, both in proportion to the time of Useful expenses shall be refunded only to
the possession. the possessor in good faith with the same
The charges shall be divided on the same right of retention, the person who has
basis by the two possessors. defeated him in the possession having the
The owner of the thing may, should he so option of refunding the amount of the
desire, give the possessor in good faith the expenses or of paying the increase in value
right to finish the cultivation and gathering
which the thing may have acquired by Paras does not consider it as one, still Judge
reason thereof. Quiambao, in her humble opinion considers
TAXES AS NECESSARY EXPENSES.
WHAT ARE NECESSARY EXPENSES? Art. 547. If the useful improvements can
Those made for the preservation of the be removed without damage to the
property or those without which, the thing principal thing, the possessor in good faith
would deteriorate or be lost. may remove them, unless the person who
Example: ordinary repairs required by the recovers the possession exercises the
wear and tear dueto the natural use of the option under paragraph 2 of the preceding
thing. article.
What are useful expenses?
Those which ADDS value to the things or
WHAT ARE THE RIGHS OF A POSSESSOR augment its income to increase its
WITH REGARD TO NECESSARY EXPENSES? usefulness or better serve the purpose for
GF: which it is intended.
1. right to refund Example: cutting the shrubs
2. right of retention
-during existence not required to pay rent WHAT ARE THE RIGHTS OF A POSSESSOR
nor damages pending payment WITH REGARD USEFUL EXPENSES?
GF:
BF: right to refund ONLY 1. Right to refund
2. Right of retention
3. Right of removal provided:
WHY IS THERE NO RIGHT TO RETENTION IN a. without damage to the principal thing
CASE OF BF? b. subject to the superior right of the
As punishment for his bad faith. prevailing party to keep the imnprovements
by paying the expenses or the increase in
IS THERE RIGHT OF REMOVAL? value
No. Whether good faith of bad faith.
BF: NO RIGHT
WHAT ARE THE ACQUISITIVE
PRESCRIPTION PERIODS? Art. 548. Expenses for pure luxury or mere
1. Movable pleasure shall not be refunded to the
GF or ordinary prescription: 4 years possessor in good faith; but he may
BF or extraordinary prescription: 8 years remove the ornaments with which he has
2. Immovable embellished the principal thing if it suffers
GF or ordinary prescription: 10 years no injury thereby, and if his successor in
BF or extraordinary prescription: 30 years the possession does not prefer to refund
the amount expended.
WHAT ARE THE EXPENSES FOR PURE Art. 553. One who recovers possession
LUXURY OR MERE PLEASURE? shall not be obliged to pay for
Those which are not necessary for the improvements which have ceased to exist
preservation of a thing nor o they increase at the time he takes possession of the
its productivity, but merely to embellish the thing. (458)
thing and for its enjoyment and
convenience. Art. 554. A present possessor who shows
Example: water fountains in gardens his possession at some previous time, is
presumed to have held possession also
Art. 549. The possessor in bad faith shall during the intermediate period, in the
reimburse the fruits received and those absence of proof to the contrary.
which the legitimate possessor could have
received, and shall have a right only to the
expenses mentioned in paragraph 1 of
Article 546 and in Article 443. The
expenses incurred in improvements for Art. 556. The possession of movables is not
pure luxury or mere pleasure shall not be deemed lost so long as they remain under
refunded to the possessor in bad faith, but the control of the possessor, even though
he may remove the objects for which such for the time being he may not know their
expenses have been incurred, provided whereabouts.
that the thing suffers no injury thereby,
and that the lawful possessor does not *General location is sufficient
prefer to retain them by paying the value
they may have at the time he enters into Art. 557. The possession of immovables
possession. (445a) and of real rights is not deemed lost, or
transferred for purposes of prescription to
Art. 551. Improvements caused by nature the prejudice of third persons, except in
or time shall always insure to the benefit accordance with the provisions of the
of the person who has succeeded in Mortgage Law and the Land Registration
recovering possession. laws.
Art. 552. A possessor in good faith shall not Example: "A" purchased an untitled
be liable for the deterioration or loss of the property which sale he registered with the
thing possessed, except in cases in which it Registry of Property. He did not occupy the
is proved that he has acted with fraudulent property. Not being titled, the property may
intent or negligence, after the judicial be acquired by prescription by an actual
summons. possessor when all elements of prescription
have been complied with.
A possessor in bad faith shall be liable for
deterioration or loss in every case, even if Insofar as the occupant is concerned, the
caused by a fortuitous event. possession and ownership of "A" is already
lost. However, insofar as strangers are
concerned and who rely on the records, "A" GENERAL RULE: The true owner cannot
is still the owner of the property. recover the property if the holder is in good
faith
Art. 558. Acts relating to possession, XPN: PRINCIPLE OF IRREVINDICABILITY -
executed or agreed to by one who when the owner has lost it or has been
possesses a thing belonging to another as a unlawfully deprived of it
mere holder to enjoy or keep it, in any *Criminal implication: Violation of Ati-
character, do not bind or prejudice the Fencing
owner, unless he gave said holder express
authority to do such acts, or ratifies them What is the right of a possessor who
subsequently. acquires movable claimed by another?
BF: no right
*When a mere possessor transfers GF: presumed to be owner, equivalent to
ownership of the property to another, title
owner is NOT bound.
*Mere possession in good faith is NOT
Art. 559. The possession of movable absolute title
property acquired in good faith is
equivalent to a title. Nevertheless, one *Where movable is acquired in good faith in
who has lost any movable or has been a PUBLIC SALE, owner must REIMBURSE
unlawfully deprived thereof may recover it
from the person in possession of the same. What is a public sale?
If the possessor of a movable lost or which One where there has been a public notice
the owner has been unlawfully deprived, of sale where anyone can bid.
has acquired it in good faith at a public
sale, the owner cannot obtain its return *A possessor who unlawfully deprives a
without reimbursing the price paid property of another, will eventually own is
therefor. as long as NO ONE OBJECTS.
Title - juridical act that transfers or confers
ownership *A gun with expired license is a mere
grammatical possession only because right
REQUISITES: to possession was already lost when the
1. the owner has voluntarily parted with the license expired
possession of his property
2. subsequent possessor is possessing it in
the concept of an owner Art. 560. Wild animals are possessed only
3. good faith while they are under one's control;
domesticated or tamed animals are
Title - juridical act that transfers or confers considered domestic or tame if they retain
ownership the habit of returning to the premises of
the possessor.
Art. 562. Usufruct gives a right to enjoy the WHAT IS THE PURPOSE OF USUFRUCT?
property of another with the obligation of Enjoyment by the usufructuary of the
preserving its form and substance, unless benefits and advantages derivable from the
the title constituting it or the law object in usufruct, as a consequence of
otherwise provides. normal use and exploitation.
WHAT IS USUFRUCT?
It is the right to enjoy the property if WHY IS THERE A NEED TO PRESERVE?
another temporarily, including both the a. To prevent extraordinary exploitation
right to use and right to the fruits with the b. To prevent abuse of the property this is
obligation of returning it at a designated frequent
time and preserving its form and substance, c. To prevent impairment
unless otherwise provided.
WHAT IS THE STATUS OF A USUFRUCT IN
RIGHT TO: FAVOR OF A FOREIGNER?
1. Use It is valid because the title is not vested in
2. Fruits the usufructuary
*Usufruct over parcel of land in favour of a 1. Legal usufruct - one created by law such
foreigner, VALID – title vested in the as the usufruct of parents over the
usufructuary properties of their children under Article 32
of the New Civil Code which is now
USUFRUCTUARY V LEASE ABOLISHED by Article 226 of the Family
CREATION: Usufruct - only the owner or his Code.
authorized representative 2. Conventional usufruct - those created by
Lease – not necessarily the owner; lessee the will of the parties
may sublease if allowed a. those expressed in acts inter vivos, such
NATURE: Usufruct is always a real right as by the contract which are effective
Lease may be a real right or personal right. during the lifetime of the owner of the
It is a real right if the lease over the land is property
registered or the lease is more than 1 year. b. those expressed in a last will which are
MANNER OF CREATION: Usufruct is created effective after the death of the testator
by law, agreement in acts inter vivos, last (mortis causa)
will, prescription. Lease is created by 3. Mixed usufruct - one PARTLY created by
contract except by law which is forced law and partly created by will of the parties
lease. 4. Prescriptive usufruct - acquired by third
EXECUTION OF REPAIRS: Usufructuary has person through continuous use of the
the duty. Lessee does not have a duty but usufruct for the period required by law
may execute if urgent.
Art. 564. Usufruct may be constituted on
MAY USUFRUCTUARY BE CONSTITUTED ON the whole or a part of the fruits of the
PERSONAL RIGHTS? thing, in favor of one more persons,
Yes, as long as it is not strictly personal or simultaneously or successively, and in
intransmissible. Right to support is NOT every case from or to a certain day, purely
included. or conditionally. It may also be constituted
on a right, provided it is not strictly
Art. 563. Usufruct is constituted by law, by personal or intransmissible.
the will of private persons expressed in
acts inter vivos or in a last will and What are the kinds of usufruct?
testament, and by prescription. 1. As to the extent of object:
a. total
CREATION OF USUFRUCT: b. partial
1. by law 2. As to the number of beneficiaries:
2. by agreement expressed in acts a. simple - one usufructuary
inter vivos b. multiple - several usufructuaries which
3. in a last will may be:
4. by prescription b1. simultaneous - at the same time
b2. successive - one after the other
CLASSES OF USUFRUCT AS TO THEIR 3. As to effectivity or extinguishment:
CREATION: a. pure - no condition
b. with a term - there is a period either provisions contained in the two following
resolutory or suspensive Chapters shall be observed.
b1. ex die - for a specific day
b2. in diem - up to a specific day *Title primarily determines the rights and
b3. ex diem in diem - from a specific day up obligations of the usufructuary
to a specific day
c. conditional - there is a condition either In case of conflict between provisions of
resolutory or suspensive the Civil code and those provided in the
4. As to subject matter: will, which shall prevail?
a. over things - involves tangible property The one provided in the will. Why? Intent of
b. over rights - involves intangible property the parties.
5. As to its extent:
a. universal - constituted over the entire
patrimony of the owner CHAPTER 2
b. particular - constituted only on individual RIGHTS OF THE USUFRUCTUARY
things Art. 566. The usufructuary shall be entitled
6. As to the preservation of the substance to all the natural, industrial and civil fruits
and form of the object of the property in usufruct. With respect to
a. normal usufruct - involves non- hidden treasure which may be found on
consumable things which have to be the land or tenement, he shall be
returned and hence, the need for considered a stranger.
preservation of its substance and form
b. abnormal usufruct - involves WHAT ARE THE RIGHTS OF A
consummable things like wine and cigars. USUFRUCTUARY TO THE THINGS AND ITS
They cannot be enjoyed without being FRUITS?(RISER)
consumed.
a. to receive the fruits of the property in
Can the right to receive support be a usufruct and half of the hidden treasure he
subject matter of usufruct? accidentally find on the property
No, because the rights must not be strictly b. to enjoy an increase which the thing in
personal or intransmissible to be the usufrcut may acquire through accession
subject of usufruct c. to personally enjoy the thing or lease it to
another
*There is no limitation on the number of d. to make on the property such
usufructuaries as long as all of them are improvements, expenses he may deem
alive at the time of the constitution of the proper and to remove the improvements
usufruct. provided there is no damage caused to the
property
Art. 565. The rights and obligations of the e. to set-off the improvements he may have
usufructuary shall be those provided in the made on the property against any damage
title constituting the usufruct; in default of to the same
such title, or in case it is deficient, the
f. to retain the thing until he is reimburse acquired either at the beginning or at the
from the advances for extraordinary termination of the usufruct.
expenses and taxes of the capital
What are the rights of the usufructuary as
*Usufructuary right not exempted from to the advances and damages?
execution a. to be reimbursed for indispensable
*If a hidden treasure is found on the land, extraordinary repairs made by him in an
the usufrcuary is a stranger to it. The reason amount equal to increase in value
for is that hidden treasure is not a fruit to b. to be reimbursed for taxes on the capital
which the usufructuary is automatically advanced by him
entitled. c. to be indemnified for damages caused by
him by the naked owner
What are the rights of the usufructuary as
to the usufruct itself? What are the rights of a usufructuary to
a. to alienated or mortgage the right of pending natural and industrial fruits?
usufruct 1. Fruits growing at the beginning of
b. in a usufrcut to recover property or real usufruct belong to the USUFRUCTUARY who
right, to bring the action and to oblige the is not bound to refund to the owner the
owner thereof to give him the proper expenses of cultivation and production
authority and the necessary proof 2. Fruits growing up to the termination of
c. in a usufruct of part of a common usufruct belong to the OWNER but he is
property, to exercise all the rights bound to reimburse to the usufructuary of
pertaining to the co-owner with respect to the ordinary cultivation expenses
to the administration and collection of fruits What are ordinary expenses that are
or interests needed to be reimbursed by the owner?
expenses on cultivation, seeds and other
Art. 567. Natural or industrial fruits similar expenses
growing at the time the usufruct begins,
belong to the usufructuary. *The right of innocent third persons shall
Those growing at the time the usufruct NOT be prejudiced. If a third person has a
terminates, belong to the owner. right over the fruits, it must be respected.
In the preceding cases, the usufructuary, at
the beginning of the usufruct, has no What if the expenses exceeds the proceeds
obligation to refund to the owner any of the growing fruits?
expenses incurred; but the owner shall be The owner has no obligation to reimburse
obliged to reimburse at the termination of the difference
the usufruct, from the proceeds of the
growing fruits, the ordinary expenses of Art. 568. If the usufructuary has leased the
cultivation, for seed, and other similar lands or tenements given in usufruct, and
expenses incurred by the usufructuary. the usufruct should expire before the
The provisions of this article shall not termination of the lease, he or his heirs
prejudice the rights of third persons, and successors shall receive only the
proportionate share of the rent that must
be paid by the lessee.
*With respect to rents, the usufructuary Art. 572. The usufructuary may personally
will receive only in the amount equivalent enjoy the thing in usufruct, lease it to
to the period of usufruct, beyond that, to another, or alienate his right of usufruct,
the naked owner even by a gratuitous title; but all the
contracts he may enter into as such
usufructuary shall terminate upon the
Art. 570. Whenever a usufruct is expiration of the usufruct, saving leases of
constituted on the right to receive a rent or rural lands, which shall be considered as
periodical pension, whether in money or in subsisting during the agricultural year.
fruits, or in the interest on bonds or
securities payable to bearer, each payment LIMITATIONS OF USUFRUCTUARY RIGHTS:
due shall be considered as the proceeds or 1. he cannot sell, pledge or mortgage the
fruits of such right. thing or property itself, because he is not
Whenever it consists in the enjoyment of the owner thereof
benefits accruing from a participation in 2. he cannot sell FUTURE CROPS, for
any industrial or commercial enterprise, growing crops at the termination of the
the date of the distribution of which is not usufruct belong to the owner
fixed, such benefits shall have the same 3. he cannot lease the thing longer than the
character. term of usufruct UNLESS consented by the
In either case they shall be distributed as naked owner
civil fruits, and shall be applied in the
manner prescribed in the preceding article. Art. 573. Whenever the usufruct includes
things which, without being consumed,
gradually deteriorate through wear and
Usufruct on right to receive rent or tear, the usufructuary shall have the right
periodical pension: to make use thereof in accordance with
When a usufruct is constituted on the the purpose for which they are intended,
owner's right to receive rent or periodical
Art. 577. The usufructuary of woodland He regains only his usufruct over the
may enjoy all the benefits which it may property.
produce according to its nature. *Another impractical provision
If the woodland is a copse or consists of
timber for building, the usufructuary may Art. 579. The usufructuary may make on
do such ordinary cutting or felling as the the property held in usufruct such useful
owner was in the habit of doing, and in improvements or expenses for mere
default of this, he may do so in accordance pleasure as he may deem proper, provided
with the custom of the place, as to the he does not alter its form or substance; but
manner, amount and season. he shall have no right to be indemnified
In any case the felling or cutting of trees therefor. He may, however, remove such
shall be made in such manner as not to improvements, should it be possible to do
prejudice the preservation of the land. so without damage to the property.
In nurseries, the usufructuary may make
the necessary thinnings in order that the *The usufructuary, if he so desires, may
remaining trees may properly grow. introduce useful or luxurious improvements
With the exception of the provisions of the as he may deem proper on the property in
preceding paragraphs, the usufructuary usufruct. However, he is PROHIBITED from
cannot cut down trees unless it be to altering the form and substance of the
restore or improve some of the things in property. Thus, a usufrctuary cannot
usufruct, and in such case shall first inform convert a fishpond into a swimming pool.
the owner of the necessity for the work. The form and substance will be altered.
Art. 580. The usufructuary may set off the usufruct of the part allotted to the co-
improvements he may have made on the owner shall belong to the usufructuary.
property against any damage to the same. Usufructuary assumes rights of co-owner
*Set-off has the effect of compensation with respect to:
a. administration of the property
How is set-off done? b. collection of fruits and interests
The usufructuary must inform the owner of
the desire for set-off and prove that the *No authority to sell or alienate any real
improvements are of greater value than the right over the undivided property,for such
damage. exercise is an act of ownership unless
authorized by the co-owner concerned. The
What if the the value of the improvements ownership of the portion involved is not
is greater than the damage (cannot be transferred to the usufructuary.
removed without injury)?
The excess will not be refunded to the *Upon partition of the property, usufruct
usufructuary in the absence of contrary continues on the part of the property which
stipulation for that, in effect, will be was alloted to the co-owner who
entitling the usufructuary with refund in constituted the usufruct.
cash which is not authorized.
CHAPTER 3
What is the rule if it could be removed OBLIGATIONS OF THE USUFRUCTUARY
without damage?
By agreement, settle the difference Art. 583. The usufructuary, before entering
upon the enjoyment of the property, is
Art. 581. The owner of property the obliged:
usufruct of which is held by another, may (1) To make, after notice to the
alienate it, but he cannot alter its form or owner or his legitimate
substance, or do anything thereon which representative, an inventory of all
may be prejudicial to the usufructuary. the property, which shall contain an
appraisal of the movables and a
*Naked owner is NOT precluded from description of the condition of the
alienating the usufruct of the property immovables;
RESTRICTIONS: he cannot alter or change (2) To give security, binding himself
the form or substance of the property or do to fulfill the obligations imposed
anything which will prejudice of the upon him in accordance with this
usufructuary. Chapter.
Art. 582. The usufructuary of a part of a
thing held in common shall exercise all the What are the usufructuary's obligations?
rights pertaining to the owner thereof with 1. Make an inventory of all the property
respect to the administration and the containing the appraised value, descriptions
collection of fruits or interest. Should the of their condition
co-ownership cease by reason of the 2. Give security as an assurance that he will
division of the thing held in common, the fulfill his obligations as usufructuary
*The conditions are not necessary for the amount as court may determine,but not
commencement of the right of the less than 10% of the value of the property
usufrcutuary. However, it shall be done or income to guarantee preforamnce of the
before the usufrctuary enters upon the duties prescribed for general guardians
possession and enjoyment of a property
Art. 585. The usufructuary, whatever may
To whom shall expenses for the be the title of the usufruct, may be
preparation of inventory be borne? excused from the obligation of making an
Usufructuary, he is the one obliged to make inventory or of giving security, when no
an accounting. one will be injured thereby.
What may be the forms of a security? Obligation to make an inventory and to give
It may be a pledge, mortgage of a property, security is excused when no one will be
personal or surety bond, cash money. adversely affected.
Example: Usufruct over a periodical pension
What is the purpose of giving security?
To insure faithful compliance
Art. 586. Should the usufructuary fail to
What are the situations where giving of give security in the cases in which he is
security is not required? bound to give it, the owner may demand
1. Express stipulation that the immovables be placed under
2. Waiver by naked owner administration, that the movables be sold,
3. Nobody will be injured by lack of security that the public bonds, instruments of
4. Donor has reserved this obligation to credit payable to order or to bearer be
himself. It is an act of ingratitude for the converted into registered certificates or
donee to require the donor to put up a deposited in a bank or public institution,
security bond. and that the capital or sums in cash and
the proceeds of the sale of the movable
Art. 584. The provisions of No. 2 of the property be invested in safe securities.
preceding article shall not apply to the The interest on the proceeds of the sale of
donor who has reserved the usufruct of the movables and that on public securities
the property donated, or to the parents and bonds, and the proceeds of the
who are usufructuaries of their children's property placed under administration,
property, except when the parents shall belong to the usufructuary.
contract a second marriage. Furthermore, the owner may, if he so
prefers, until the usufructuary gives
Aticle 226 of the Family Code, the parents security or is excused from so doing, retain
will exercise joint legal guardianship over in his possession the property in usufruct
the property of their minor childrent as administrator, subject to the obligation
WITHOUT need of court appointment. And to deliver to the usufructuary the net
they are required to put a bond if the value proceeds thereof, after deducting the sums
of the propery or annual income exceeds which may be agreed upon or judicially
P50,000.00. The bond may be in such allowed him for such administration.
What is the effect of giving the security? Should the herd or flock perish in part, also
The usufructuary shall have a right to all by accident and without the fault of the
proceeds and benefits as of the date he is usufructuary, the usufruct shall continue
was supposed to have received them. It on the part saved.
retroacts to the day when the usufructuary Should the usufruct be on sterile animals,
should have commenced receiving them. it shall be considered, with respect to its
effects, as though constituted on fungible
things.
Art. 589. The usufructuary shall take care *Judge Quiambao made a reminder to
of the things given in usufruct as a good study it for the sake of multiple choice
father of a family.
Herd – number of animals kept, feeding, ot
Art. 590. A usufructuary who alienates or travelling together
leases his right of usufruct shall answer for Livestock – mammalian animals
any damage which the things in usufruct Poultry – avian animals which are
may suffer through the fault or negligence domesticated and kept or raised in
of the person who substitutes him. backyards or farms
which the immovable in usufruct is interest on the taxes paid by the owner,
susceptible, or make new plantings UNLESS there is a contrary stipulation.,
thereon if it be rural, provided that such What if the usufructuary advanced the
acts do not cause a diminution in the value payment, when is he entitled to
of the usufruct or prejudice the right of the reimbursement?
usufructuary. General Rule: Reimbursement without
*applies only to immovable properties interest at the time of the termination of
the usufruct.
What are the restrictions as to the right of Exception: if payment was done by the
theo owner in making constructions or immediate deduction of the amount of the
new plantings? tax against the share of the usufructuary on
The value of the property shall not diminish the fruits, reimbursement shall be made
and the rights of the usufructuary shall not IMMEDIATELY.
be prejudiced.
Art. 596. The payment of annual charges Art. 598. If the usufruct be constituted on
and taxes and of those considered as a lien the whole of a patrimony, and if at the
on the fruits, shall be at the expense of the time of its constitution the owner has
usufructuary for all the time that the debts, the provisions of Articles 758 and
usufruct lasts. 759 relating to donations shall be applied,
both with respect to the maintenance of
*The usufructuary shall be liable for the the usufruct and to the obligation of the
annual charges and taxes on the fruits usufructuary to pay such debts.
during the duration o f the usufruct.
*Real property tax shall be paid by the The same rule shall be applied in case the
owner. owner is obliged, at the time the usufruct
is constituted, to make periodical
payments, even if there should be no
Art. 597. The taxes which, during the known capital.
usufruct, may be imposed directly on the What are the rules when the usufruct
capital, shall be at the expense of the comprehends the whole of a patrimony of
owner. thw naked owner and the latter has
indebtedness?
If the latter has paid them, the 1. If there is an agreement that the
usufructuary shall pay him the proper usufructuary will pay, he is bound by
interest on the sums which may have been the prestation. However, if there is
paid in that character; and, if the said sums no amount fixed, it cannot exceed
have been advanced by the usufructuary, the value of the usufruct.
he shall recover the amount thereof at the 2. If there is no agreement to pay for
termination of the usufruct. the obligation, the usufructuary shall
*Since the property and its fruits are being only be liable to pay for it if the
enjoyed by the usufrcutuary, the law directs usufruct was done in fraud of
him to contribute in the form of legal creditors.
What is meant by “in fraud of creditors?” Art. 600. The usufructuary of a mortgaged
This is the presumption when during the immovable shall not be obliged to pay the
time of the execution of the usufruct, the debt for the security of which the
owner did not reserve sufficient property mortgage was constituted.
with which to pay his debts.
*The usufructuary may be liable for Should the immovable be attached or sold
damages when proven to be acting in bad judicially for the payment of the debt, the
faith. owner shall be liable to the usufructuary
for whatever the latter may lose by reason
thereof.
Art. 599. The usufructuary may claim any
matured credits which form a part of the Is the usufructuary obliged to pay the
usufruct if he has given or gives the proper mortgage obligations of the naked owner?
security. If he has been excused from No. In fact, if it be levied or attached in a
giving security or has been able to give it, public auction, the naked owner shall pay
or if that given is not sufficient, he shall damages to the usufructuary.
need the authorization of the owner, or of
the court in default thereof, to collect such How may a naked owner be excused from
credits. liability?
If he can able to give a substitute usufruct
The usufructuary who has given security over another equivalent property or if he is
may use the capital he has collected in any able to pay an amount in settlement of the
manner he may deem proper. The loss suffered by the usufructuary or by
usufructuary who has not given security another satisfactory means of settlement.
shall invest the said capital at interest
upon agreement with the owner; in Can a usufruct be mortgaged?
default of such agreement, with judicial Yes. The responsibility is upon the
authorization; and, in every case, with usufructuary who mortgaged it.
security sufficient to preserve the integrity
of the capital in usufruct. Art. 601. The usufructuary shall be obliged
to notify the owner of any act of a third
When is a usufructuary allowed to collect person, of which he may have knowledge,
demandable credits like rental dues? that may be prejudicial to the rights of
If he gave proper security or bond. If not, he ownership, and he shall be liable should he
needs either authorization from the owner not do so, for damages, as if they had been
or in default thereof, a judicial authorization caused through his own fault.
*The usufructuary has a DUTY to notify the
*The credit collected pertains to the owner naked owner if there is any prejudicial act
but subject to the use of the usufructuary done by third person adversely affecting the
*The security required must be in all cases ownership of the naked owner.
sufficient to preserve the integrity of the Failure to do so would be tantamount to
capital in usufruct the usufructuary himself having the done
the damages, in case any have been *It is the death of the usufructuary NOT the
incurred. owner since his heirs shall respect the
usufruct despite death of owner.
Art. 602. The expenses, costs and liabilities
in suits brought with regard to the usufruct 2. Expiration of the period – only
shall be borne by the usufructuary. applicable to resolutory conditions
3. Merger – naked owner and usufruct
*It is the usufructuary’s responsibility to concur in the same person
pay expenses, costs and liabilities in suits 4. Renunciation – if usufructuary
because he is the one affected by it. waives or renounces his right, may
be done implicitly or explithcitly.
CHAPTER 4 This does not need the consent of
EXTINGUISHMENT OF USUFRUCT the owner and no formalities are
needed
Art. 603. Usufruct is extinguished: How may a waiver be valid?
(1) By the death of the Requisites:
usufructuary, unless a contrary a. Waiving party must have the right
intention clearly appears; he is waiving
(2) By the expiration of the period b. He must have full capacity to make
for which it was constituted, or by the waiver
the fulfillment of any resolutory c. Must be clear and unequivocal
condition provided in the title d. Must NOT be contrary to law, public
creating the usufruct; order, public policy, morals or good
(3) By merger of the usufruct and customs or prejudicial to a third
ownership in the same person; person with a right recognized by
(4) By renunciation of the law
usufructuary;
(5) By the total loss of the thing in 5. Total loss of the thing
usufruct; Loss – includes the physical destruction
(6) By the termination of the right of the thing; its rendition outside the
of the person constituting the commerce of man; total abandonment;
usufruct; recovery is impossible; expropriation by
authorities
(7) By prescription. *If the usufructuary assumed the
liability for the loss, he shall pay
CAUSES FOR EXTINGUISHMENT OF damages.
USUFRUCT:
1. General Rule: death of the 6. Termination of right of the person
usufructuary constituting the usufruct – one
Exception: clear agreement to reason may be that the naked
continue despite death owner is not the real owner which
Usufruct in favour of several follows that the real owner evicted
persons, it shall be extinguished only
upon the death of the last survivor
the owner terminating the usufruct extended indefinitely. A need for imposing
as well a limitation should therefore be proper.
*The usufructuary cannot have a better *article is inapplicable to testamentary trust
right or right higher than that of the
source Art. 606. A usufruct granted for the time
that may elapse before a third person
7. Prescription – if a third person attains a certain age, shall subsist for the
acquired the usufruct by continuous number of years specified, even if the third
use, the usufruct ceases. If what the person should die before the period
person has acquired is the expires, unless such usufruct has been
ownership, it is also terminated. expressly granted only in consideration of
*Mere non-use does not terminate the the existence of such person.
usufruct, unless it is tantamount to
renunciation Example:
“A”, the owner of a building with income,
OTHER CAUSES OF TERMINATION: constituted a usufruct in favour of “B”, until
1. Annulment of title “C”, the granddaughter of “A”, who is 10
2. Expropriation years old shall have become of legal age.
3. Mutual withdrawal by parties The usufruct will be for a period of 8 years.
4. Legal causes If “C” would die before becoming 18, the
5. Abandonment of juridical entity usufruct will continue until the complete
period of 8 years shall have elapsed.
Art. 604. If the thing given in usufruct EXCEPTION: If the usufruct had been
should be lost only in part, the right shall constituted only in CONSIDERATION of the
continue on the remaining part. survival or existence of the third person the
*The partial loss of the thing does not affect usufruct terminates upon the death of the
the rights of the usufructuary said person. Thus, if the usufruct was
created in favour of “B” only for “B” to
Art. 605. Usufruct cannot be constituted in support “C”, upon the death of the latter,
favor of a town, corporation, or the usufruct is extinguished.
association for more than fifty years. If it
has been constituted, and before the
expiration of such period the town is Art. 607. If the usufruct is constituted on
abandoned, or the corporation or immovable property of which a building
association is dissolved, the usufruct shall forms part, and the latter should be
be extinguished by reason thereof. destroyed in any manner whatsoever, the
usufructuary shall have a right to make use
What is the reason for not allowing of the land and the materials.
usufructuary beyond 50 years?
Since a usufruct is meant only a lifetime The same rule shall be applied if the
grant. Unlike a natural person, a usufruct is constituted on a building only
corporation or association’s lifetime may be and the same should be destroyed. But in
such a case, if the owner should wish to
construct another building, he shall have a
right to occupy the land and to make use What if the owner does not construct a
of the materials, being obliged to pay to new building and period of usufruct have
the usufructuary, during the continuance not yet expired?
of the usufruct, the interest upon the sum Interest on sum of value of building remains
equivalent to the value of the land and of of ruin and the land will be given a right to
the materials. usufruct
- Naked owner: if usufructuary *If the owner does not comply in whole, he
refused to share in insurance must put up a bond or security
expenses and the owner spent
alone; the owner alone is Art. 610. A usufruct is not extinguished by
entitled to indemnity in case of bad use of the thing in usufruct; but if the
loss of building abuse should cause considerable injury to
BASIS OF SHARING: proportional bases on the owner, the latter may demand that the
insurable interest; extent of prejudicial thing be delivered to him, binding himself
damage by loss or injury of property to pay annually to the usufructuary the net
OWNER: extent of injury/ damage if proceeds of the same, after deducting the
building is destroyed expenses and the compensation which
USUFRUCTUARY: fruits, harvest; if rented – may be allowed him for its administration.
based on rentals
The interest of the insurance proceeds to REMEDY IN CASE ABUSES OF
which the usufructuary is entitled should USUFRUCTUARY CAUSING CONSIDERABLE
likewise be based on insurable interest INJURY TO OWNER:
*Usufructuary can enjoy without the -If due to the abuses of the usufructuary on
obligation to pay for the excess spent the property, the usufructuary on the
*If naked owner spent larger amount than property in usufruct, the owner suffers
insurance proceeds, cannot recover interest considerable damages or injuries, he may
from usufructuary for use of tenement compel the usufructuary to deliver the thing
to him to be able to maintain it and protect
Art. 609. Should the thing in usufruct be it from destruction or loss
expropriated for public use, the owner -If usufructuary denies the owner’s claim of
shall be obliged either to replace it with considerable injury, court shall determine
another thing of the same value and of the issue based on preponderance of
similar conditions, or to pay the evidence
usufructuary the legal interest on the
amount of the indemnity for the whole BAD USE OF PROPERTY BY
period of the usufruct. If the owner USUFRUCTUARY:
chooses the latter alternative, he shall give -not a ground for extinguishment
security for the payment of the interest. - BUT gives the owner the right to demand
What are the obligations of the naked the delivery and administration of property
owner if the thing in usufruct be in usufruct when abuse is considerably
expropriated? prejudicial to the owner
1. Replace the thing expropriated with 1. injure the thing itself
another of the same value or similar 2. bad use will injure rights of naked owner
conditions
2. Pay the usufructuary legal interest *The owner cannot alienate right to
on the amount of indemnity for the usufruct while property is under
whole period of the usufruct, and administration
not just for the unexpired period
CHARACTERISTICS OF EASEMENT:
1. Real right – therefore an action in Art. 615. Easements may be continuous or
rem is possible against the discontinuous, apparent or nonapparent.
possessor of the servient estate Continuous easements are those the use of
2. Imposable only on another’s which is or may be incessant, without the
property intervention of any act of man.
3. In jus re aliena – a real right may be Discontinuous easements are those which
alienated although the naked are used at intervals and depend upon the
ownership is maintained acts of man.
4. Limitation or encumbrance on the Apparent easements are those which are
servient estate for another’s benefit made known and are continually kept in
*It is essential that there be benefit view by external signs that reveal the use
otherwise no easement and enjoyment of the same.
*It is not essential that benefit be exercised. Nonapparent easements are those which
What is vital is that it can be exercised. show no external indication of their
existence.
*It is not essential that the benefit be very
great
Art. 616. Easements are also positive or b. Discontinuos – used at intervals and
negative. depend upon the acts of man
Example: easement of right of way,
A positive easement is one which imposes because it can be exercised only if a
upon the owner of the servient estate the man passes or puts his feet over
obligation of allowing something to be somebody else’s land
done or of doing it himself, and a negative
easement, that which prohibits the owner 3. According to whether or not
of the servient estate from doing existence is indicated:
something which he could lawfully do if a. Apparent – made known and
the easement did not exist. continually kept in view by external
CLASSIFICATION OF EASEMENTS: sign that reveal the use and
1. According to party given the benefit: enjoyment of the same, right of way
a. Real or predial – for the benefit of when there is an alley or a
another immovable property permanent path; dam; window in a
belonging to a different owner party wall
Example: easement of water where *The mark or sign need not be seen but
lower estates are obliged to allow should be susceptible of being seen
water naturally descending from *The easement of aqueduct is always
upper estates to flow in them apparent, whether seen or not
Personal – for the benefit of the
community b. Non – apparent – show no external
Example: easement of right of way indication of their existence. In
for the passage of livestock or right general, negative easements,
of way for community easements of not building to more
2. According to the manner of exercise: than a certain height, easement of
a. Continuous – their use is incessant, lateral and subjacent support;
or may be incessant, without easement of intermediate distances.
intervention or any act of man Also a right of way if there is no
Example: easement of drainage, the visible path or alley.
right to support beam on another’s 4. According to the purpose of the
wall easement or the nature of the
*Easement of aqueduct is considered limitation:
continuous eventhough the flow of water a. Positive (sufferance or intrusion)
be not continuous – owner of the servient estate is
obliged to allow something to be
Is the easement of light and view a done on his property or to do it
continuous or discontinuous easement? himself. Easement of light and
It is continous, for indeed while all view in a party wall, right of way,
easements require human actions for duty to cut off tree branches
establishment, not all require human extending to the neighboring
actions for exercise. estates
General Rule: Easements shall continue to *When the court says than an easement
subsist and shall be held to pass with the exists, it is NOT creating one, it merely
title of ownership until rescinded or declares the existence of an easement.
extinguished by virtue of the registration of There is no such thing as judicial easements.
the servient esates without including the
easements SECTION 2. - Modes of Acquiring
Easements
Exception: the grantee or transferee of the
servient estate actually knew of the
existence of the unrecorded easement and Art. 620. Continuous and apparent
there is already and understanding or easements are acquired either by virtue of
stipulation that the easement a title or by prescription of ten years.
*The division of estate does not divide the *Intestate succession does not create
easement, which continuous to be easement, for no act is involved. It merely
complete un that each dominant estates, transmits an easement already made
but only on the part corresponding to each
of them. *Prescription irrespective of good faith or
Example: bad faith
Estate A, the dominant estate, is divided
into three, with owners, X, Y, Z having *The government cannot compel PLDT to
determinate parts thereof. Each of the enter into a contract with it (re-
three may use the easement of the right of interconnection of the government
way for example, provided the burden is telephone system with PLDT) – for freedom
not increased. of stipulation is of the essence of our
Art. 619. Easements are established either contractual system; BUT the Republic may
by law or by the will of the owners. The in its exercise of the sovereign power of
former are called legal and the latter eminent domain, may REQUIRE the PLDT to
voluntary easements. permit interconnection between the
government telephone system and that of
the PLDT, as the needs of the government *The notarial prohibition makes the non-
service may require, subject to just apparent, apparent
compensation. Normally, ownership of the *Oral prohibition is not sufficient
expropriated property would result, but Examples:
there is no reason why eminent domain 1. A and B are neighbours and they
cannot be used to merely impose a burden own a party wall with an opening or
or encumbrance upon the condemned window made on 2002. B can close
property. It is unquestionable that real it anytime before 2012. Because if
property may thru expropriation, be by that time the window is still
subjected to the easement of right of way. open, A has already acquired the
It is for the benefit of the public. easement of light and view by
prescription of 10 years, counted
Art. 621. In order to acquire by from the opening of the window
prescription the easements referred to in since this is a POSITIVE EASEMENT.
the preceding article, the time of 2. A and B are neighbours. On his
possession shall be computed thus: in building’s wall , A opened a window
positive easements, from the day on which beneath the ceiling joists to admit
the owner of the dominant estate, or the light in 2002. Even after 10 years
person who may have made use of the (2012), B may still obstruct the light
easement, commenced to exercise it upon by constructing on his own lot a
the servient estate; and in negative building higher than A’s unless A
easements, from the day on which the makes a notarial prohibition
owner of the dominant estate forbade, by prohibiting B from making
an instrument acknowledged before a obstruction. If in 2002, A makes the
notary public, the owner of the servient prohibition B may still make the
estate, from executing an act which would obstruction in 2009 because it is
be lawful without the easement. (538a) within the 10 year period allowed by
law. After 2012, B may no longer
COMPUTATION OF THE PERIOD: obstruct. A window opened on one’s
1. Positive easements – possession own wall and which DOES NOT
shall be counted from the date the extend over the negighbor’s land
owner of the dominant estate or the may give rise to a NEGATIVE
user began to exercise it upon the easement, since the neighbour may
servient estate be prohibited to do an act which
2. Negative easements – possession should be lawful to do if easement
shall e counted from the date the does not exist.
owner of the dominant estate had
forbidden by “notarial prohibition,” Is the easement of light and view positive
the owner of the servient estate or negative?
from executing the act which will It depends. If it is made on one’s OWN wall
impede the rising of the easement – and does not extend on neighbor’s land, the
which act could be lawfully done easement is negative. If it is made on one’s
were it not for the easement own wall which extends over the
*To bind third persons, voluntary For this purpose he shall notify the owner
easements must be registered of the servient estate, and shall choose the
most convenient time and manner so as to
Art. 626. The owner of the dominant cause the least inconvenience to the
estate cannot use the easement except for owner of the servient estate. (543a)
the benefit of the immovable originally
contemplated. Neither can he exercise the Art. 628. Should there be several dominant
easement in any other manner than that estates, the owners of all of them shall be
previously established. obliged to contribute to the expenses
referred to in the preceding article, in
Example: If Estate A has a right of way over proportion to the benefits which each may
Estate B, it does not necessarily follow that derive from the work. Any one who does
Estate C (even if also owned by Estate A) not wish to contribute may exempt himself
has a right of way over Esate B. by renouncing the easement for the
benefit of the others.
CHAPTER 2
LEGAL EASEMENTS Art. 636. Easements established by law in
the interest of private persons or for
SECTION 1. - General Provisions private use shall be governed by the
provisions of this Title, without prejudice
Art. 634. Easements imposed by law have to the provisions of general or local laws
for their object either public use or the and ordinances for the general welfare.
interest of private persons. These easements may be modified by
agreement of the interested parties,
whenever the law does not prohibit it or
WHAT IS A LEGAL EASEMENT? no injury is suffered by a third person.
These are easements imposed by law, and
which have for their object either for public HOW LEGAL EASEMENTS FOR PRIVATE
use or the interest of private persons INTERESTS ARE GOVERNED:
1. Agreement of interested parties
KINDS OF LEGAL EASEMENTS: provided not prohibited by law nor
1. Public use – for the benefit of the prejudicial to a third person
community 2. In default, general or local law and
2. Private use – for the benefit of ordinances for the general welfare
private persons 3. In default, Civil Code
The owner of the lower estate cannot *There will be no indemnity if the
construct works which will impede this conditions laid down in law had been
natural flow, unless he provides an complied with by the dominant estates.
alternative method of drainage, neither can
the owner of the higher estate make works Art. 638. The banks of rivers and streams,
which will increase their natural flow. even in case they are of private ownership,
are subject throughout their entire length
*By way of exception, the servient estate and within a zone of three meters along
may now construct works which may their margins, to the easement of public
obstruct the natural flow of the waters as use in the general interest of navigation,
long as an alternative drainage has been floatage, fishing and salvage.
provided. Estates adjoining the banks of navigable or
floatable rivers are, furthermore, subject
*Lower estates – servient to the easement of towpath for the
*Higher estates – dominant exclusive service of river navigation and
floatage.
OBLIGATIONS OF THE SERVIENT ESTATE: If it be necessary for such purpose to
1. Constructions of works that will occupy lands of private ownership, the
impede the easement or which will proper indemnity shall first be paid.
divert the flow of the waters and REPEALED
burden any tenement
2. Enclosure of the land by ditches and The repealing law provides:
fences to impede the flow of the Art 51. The banks of rivers and streams and
waters the shores of the seas and lakes throughout
their entire length and within a zone of 3
OBLIGATIONS OF THE DOMINANT meters in urban areas, 20 meters in forest
ESTATES: areas, along margins are subject to the
1. Cannot use the construction of easement of public use in the interest of
works which will intensify the recreation, navigation, floatage, fishing and
burden on the servient estate. salvage. No person shall be allowed to stay
However, they are allowed to in the zone longer than what is necessary
construct works that will be for recreation, navigation, floatage, fishing
beneficial to the servient estates or salvage or to build structures of any kind
such as works to prevent the erosion (PD 1067)
of the land
Easement covered –
2. They must compensate the owners 1. Easement of public use in the
of the servient estate if the waters interest of recreation
are the result of an overflow from 2. Navigation
irrigation dams, or the result of 3. Floatage
artificial descent done by man and 4. Fishing
damages caused by reason thereof 5. Salvage
Width of zone of banks of rivers, streams, Art. 640. Compulsory easements for
shores of seas and lakes subject to drawing water or for watering animals can
easements be imposed only for reasons of public use
1. Urban areas – 3m in favor of a town or village, after payment
2. Agricultural areas – 20m of the proper indemnity.
3. Forest areas – 40m
Art. 639. Whenever for the diversion or EASEMENTS FOR DRAWING WATER OR
taking of water from a river or brook, or FOR WATERING ANIMALS:
for the use of any other continuous or 1. They can be imposed only for public
discontinuous stream, it should be use
necessary to build a dam, and the person 2. They must be in favour of a town or
who is to construct it is not the owner of village
the banks, or lands which must support it, 3. Proper indemnity must be paid
he may establish the easement of *It presupposes the availability of water
abutment of a dam, after payment of the within the property of the servient estate
proper indemnity. which is needed for the use of the
community or for the bathing of their
Example: animals like carabaos, cattle, etc. In favour
A wants to get water from a river, but to do of a town or village.
so, he has to construct a dam on B’s land. A
must first ask B’s permission or else request Art. 641. Easements for drawing water and
for an administrative investigation to find for watering animals carry with them the
out whether the building of the dam is obligation of the owners of the servient
essential or not. If neither permission nor estates to allow passage to persons and
investigation is present, and a dam is animals to the place where such
constructed, what would be the easements are to be used, and the
consequences of A’s action? indemnity shall include this service.
a. It is as if A had taken the law into
the hands, for in the absence of B’s *The principal easements covered are the
permission, the government should easements for drawing water and watering
have first investigated. animals but there is also an accessory
b. Since A’s action amounted to the easement here combined with the first,
taking of the property without due namely, the easement of the right of way
process of law, the dam or
construction can be considered a REQUIREMENT FOR SUCH AN EASEMENT
private nuisance, and B cannot be TO EXIST:
restrained if he desires to demolish 1. Must be for public use
same 2. Must be in favour of a town or
*Indemnity is required village
3. The right must be sought not by one
*Permit from appropriate authority needed individual, but by town or village,
thru legal representation
4. There must be payment for proper (1) To prove that he can dispose of
indemnity the water and that it is sufficient
5. The right of way is only for a for the use for which it is intended;
maximum width of 10 meters (2) To show that the proposed right
of way is the most convenient and
Art. 642. Any person who may wish to use the least onerous to third persons;
upon his own estate any water of which he (3) To indemnify the owner of the
can dispose shall have the right to make it servient estate in the manner
flow through the intervening estates, with determined by the laws and
the obligation to indemnify their owners, regulations.
as well as the owners of the lower estates
upon which the waters may filter or OBLIGATIONS OF THE OWNER OF THE
descend. DOMINANT ESTATE:
1. He can dispose of the water
What is an aqueduct? 2. Water is sufficient for the intended
It is a conduit or artificial channel for use
conducting water from a distance 3. The proposed right of way where
the water will pass through is the
What is meant by easement of aqueduct? most convenient and least onerous
It is a right to make one’s water tun and to the servient estates
flow through intervening estates for his 4. The indemnity is paid
own use. However, he is obliged to pay
indemnity to the owners of the intervening *Easement of right of way does not
estates and to all other owners of the lower necessarily include easement of aqueduct.
estates where the water may descend Hence, it is not to be presumed that when
through someone is granted the right of way, he
may dig trenches and lay pipelines for
REQUISITES: conducting water to his tenement
1. Rights of disposal
2. Indemnity Art. 644. The easement of aqueduct for
3. Least injurious and most convenient private interest cannot be imposed on
buildings, courtyards, annexes, or
WHAT IS THE NATURE OF AQUEDUCT? outhouses, or on orchards or gardens
It is continuous and apparent. already existing.
bed of the stream from which the water is Should this easement be established in
to be taken, may demand that the owners such a manner that its use may be
of the banks permit its construction, after continuous for all the needs of the
payment of damages, including those dominant estate, establishing a permanent
caused by the new easement to such passage, the indemnity shall consist of the
owners and to the other irrigators. (562) value of the land occupied and the amount
Art. 648. The establishment, extent, form REQUISITES FOR THE EASEMENT: (must
and conditions of the servitudes of waters, strictly be complied with)
to which this section refers, shall be 1. The property is surrounded by other
governed by the special laws relating estates
thereto insofar as no provision therefor is 2. There is no adequate outlet to the
made in this Code. (563a) public highway. If outlet is thru the
water, like a river or sea, under the
*Civil Code provisions on Easements of Spanish law, the easement cannot
Waters prevail over Special Laws be demanded for there exists an
adequate outlet
*Special laws referred to includes the 3. There must be payment of the
Spanish law of waters, irrigation law as proper indemnity
amended 4. It must be established at the point
least prejudicial to the servient
SECTION 3. - Easement of Right of Way estate.
5. The isolation must not be due to the
Art. 649. The owner, or any person who by proprietor’s own acts
virtue of a real right may cultivate or use 6. Demandable only by the owner or
any immovable, which is surrounded by one with a real right like a
other immovables pertaining to other usufructuary
persons and without adequate outlet to a
public highway, is entitled to demand a
right of way through the neighboring
estates, after payment of the proper
indemnity.
Later, he sold the second (without In both cases, the public highway must
access) to C. So that C can gain substantially meet the needs of the
access, he must pass thru B’s land. dominant estate in order that the
Does C have to pay indemnity to B? easement may be extinguished. (568a)
ANS: It is submitted that the answer is YES,
because after all, B did not sell the land to CAUSES FOR EXTINGUISHMENT OF THE
C, and clearly ART 652 cannot apply despite EASEMENT OF RIGHT OF WAY:
a decision contrary by the Spanish Supreme 1. Opening of new road
Court, which ruled A should take care of the 2. Joining the dominant estate to
indemnity . another (that is the latter becomes
also the property of the dominant
Art. 654. If the right of way is permanent, owner) which abuts, and therefore
the necessary repairs shall be made by the has access to the public highway. Ut
owner of the dominant estate. A the new access must be adequate
proportionate share of the taxes shall be and convenient.
reimbursed by said owner to the
proprietor of the servient estate. (n) EXTINGUISHMENT IS NOT AUTOMATIC:
The extinguishment is not automatic,
OWNERSHIP OF, AND REPAIRS AND TAXES because the law provides that the serivent
ON, PATH: owner “may demand” It follows that if he
1. Even though permanent, the path chooses not to demand, the easement
belongs to the servient estate, and remains and he has no duty to refund the
he pays ALL the taxes indemnity.
2. BUT the dominant estate:
a. Should pay for repairs NON-APPLICABILITY OF THE ARTICLE TO A
b. Should pay proportionate shares VOLUNTARY EASEMENT: Not applicable to
of taxes to the estate a voluntary one
(“proportionate” means the
WHOLE tax for the whole estate) NO RETURN OF INDEMNITY IN CASE OF
TEMPORARY EASEMENT – If the easement is
Art. 655. If the right of way granted to a temporary, the indemnity does not have to be
surrounded estate ceases to be necessary returned since the damage had already been
because its owner has joined it to another caused.
abutting on a public road, the owner of the
CAUSES FOR EXTINGUISHNG A LEGAL OR
servient estate may demand that the
COMPULSORY RIGHT OF WAY:
easement be ext,inguished, returning what
1. When the dominant estate is joined to
he may have received by way of another estate which is abutting a
indemnity. The interest on the indemnity public road, the access being adequate
shall be deemed to be in payment of rent and convenient
for the use of the easement. 2. When a new road is opened giving
The same rule shall be applied in case a access to the isolated estate
new road is opened giving access to the
isolated estate. *No interest due on return of indemnity
Art. 657. Easements of the right of way for SECTION 4. - Easement of Party Wall
the passage of livestock known as animal
path, animal trail or any other, and those Art. 658. The easement of party wall shall
for watering places, resting places and be governed by the provisions of this Title,
animal folds, shall be governed by the by the local ordinances and customs
ordinances and regulations relating insofar as they do not conflict with the
thereto, and, in the absence thereof, by same, and by the rules of co-ownership.
the usages and customs of the place. (571a)
Without prejudice to rights legally
acquired, the animal path shall not exceed *The easement of party wall is also called
in any case the width of 75 meters, and the servidumbre de medianera
RULES THAT GOVERN EASEMENT OF PARTY Art. 660. It is understood that there is an
WALL: exterior sign, contrary to the easement of
1. Civil code on easement party wall:
2. Local ordinances and customs (1) Whenever in the dividing wall of
3. Civil code on co-ownership buildings there is a window or
opening;
Art. 659. The existence of an easement of (2) Whenever the dividing wall is,
party wall is presumed, unless there is a on one side, straight and plumb on
title, or exterior sign, or proof to the all its facement, and on the other, it
contrary: has similar conditions on the upper
part, but the lower part slants or
projects outward;
EXTERIOR SIGNS NEGATIVING THE *If there are party walls there are also
EXISTENCE OF A PARTY WALL – the article common ditches or drains. When theses
enumerated the exterior signs rebutting the ditches or drains are located between the
presumption of there being an easement of two estates belonging to different owners,
party wall (thus, instead of a party wall we they are presumed to be common, unless
have a wall exclusively owned by a single there is a title or sign to the contrary. If with
owner) title, belongs to the owner. If no title,
determined by presence of exterior signs
CONFLICTING EXTERIOR SIGNS:
If one owner has signs in his favour, and Art. 662. The cost of repairs and
some against him, they generally cancel construction of party walls and the
each other, unless it can be shown from the maintenance of fences, live hedges,
purpose of the wall that it had been made ditches, and drains owned in common,
for the exclusive benefit of one shall be borne by all the owners of the
lands or tenements having the party wall land. However, the wall is to be
in their favor, in proportion to the right of removed to some other place, there
each. need not be renunciation of the land
Nevertheless, any owner may exempt originally used
himself from contributing to this charge by
renouncing his part-ownership, except
when the party wall supports a building Art. 663. If the owner of a building,
belonging to him. (575) supported by a party wall desires to
demolish the building, he may also
*Proportionate contribution to repairs and renounce his part-ownership of the wall,
construction but the cost of all repairs and work
necessary to prevent any damage which
WHEN RENUNCIATION CAN BE MADE: the demolition may cause to the party
It can be made, UNLESS: wall, on this occasion only, shall be borne
1. The repair had already been by him. (576)
contracted for and made (for here,
he would still be liable to the *Indemnification must be made for
repairer) damages (simultaneous damages or those
2. He still uses the wall (as when it incurred immediately after and because of,
supports his building) (If building the demolition, not those which may occur
demolished, renunciation can be later on.
made
REQUISITES FOR THE RENUNCIATION OF Art. 664. Every owner may increase the
THE SHARES: height of the party wall, doing at his own
1. Renunciation must be TOTAL expense and paying for any damage which
2. It must be made voluntarily may be caused by the work, even though
3. Must be made before expenses are such damage be temporary.
incurred
4. Made with the implied condition The expenses of maintaining the wall in
that the owner should pay for the the part newly raised or deepened at its
repairs. Thus if repairs are not foundation shall also be paid for by him;
made, it is as if no renunciation had and, in addition, the indemnity for the
been done, and the co-ownership increased expenses which may be
remains. Thus also if the neglect to necessary for the preservation of the party
make the repairs makes the wall dall wall by reason of the greater height or
co-ownership remains with the depth which has been given it.
felled or destroyed wall, each owner
being entitled to his share of If the party wall cannot bear the increased
materials height, the owner desiring to raise it shall
5. Must be of both the share in the be obliged to reconstruct it at his own
wall and the share in the land, for expense and, if for this purpose it be
the wall cannot be used without the necessary to make it thicker, he shall give
the space required from his own land. FOR EXAMPLE, A PAID THE INCREASED
(577) HEIGHT OF B, WOULD HE HAVE THE RIGHT
TO THE INCREASED WALL?
INCREASING THE HEIGHT OF A PARTY Yes since he paid for it.
WALL:
1. Must do so at his own expense SECTION 5. - Easement of Light and View
2. Must pay necessary damages
caused, even if the damage be Art. 667. No part-owner may, without the
temporary consent of the others, open through the
3. Must bear the costs of maintenance party wall any window or aperture of any
of the portion ADDED kind. (580)
4. Must pay for the increased cost of
preservation EASEMENT OF LIGHT – jus luminum (as in
5. Must reconstruct if original wall the case of small windows not more than
cannot bear the increased height 30cm square, at the height of the ceiling
6. Must give additional space joist, the purpose of which is to admit light
necessary, if wall is to be thickened but not view
having the windows and the prescribe? Certainly not, although the
boundary line contrary view has been expressed by a
b. For windows having side or oblique member of the Code Commission, who has
views, (that is, one must turn his opined that the ruling in Soriano, is wrong
head to the right or left to view the and precisely to reverse said rule is the
adjoining land), observe a distance purpose of the sentence, the non-
of atleast 60cm between the observance of the distances does not give
boundary line and nearest edge of rise to prescription.
the window
NOTE: The distance is shorter for RULE AS TO TERRACES:
oblique or sideviews because of the Art 670 applies to terraces, if there are
difficulty of overlooking. railings (since railings are protection to
viewers), but not if there are no railings
BUILDING RIGHT ON BOUNDARY LINE: (since the lack of protection makes difficult
It is permissible to build even up to the their use as windows)
boundary line provided that NO regular
windows are opened WHEN ARTICLE DOES NOT APPLY: does not
apply to the case in 672.
PROBLEMS:
1. On his wall, one meter away from Art. 672. The provisions of Article 670 are
the boundary line, A opened regular not applicable to buildings separated by a
windows with direct views. May A public way or alley, which is not less than
be ordered to close them, at any three meters wide, subject to special
time? regulations and local ordinances. (584a)
ANSWER: A may be ordered to close Art. 673. Whenever by any title a right has
them, provided that the adjoining been acquired to have direct views,
owner makes the demand for the balconies or belvederes overlooking an
closure within the period of 10 years adjoining property, the owner of the
from the opening of the window, servient estate cannot build thereon at less
otherwise his right of closure will be than a distance of three meters to be
deemed prescribed. measured in the manner provided in
Article 671. Any stipulation permitting
WHAT IS MEANT BY NON OBSERVANCE OF distances less than those prescribed in
THESE DISTANCES DOES NOT GIVE RISE TO Article 670 is void. (585a)
PRESCRIPTION?
This merely means that the mere non- JQ’S OPINION: It includes water tank
observance of theses distances does not BELVERDES – Italian, Fairview, veranda
five rise to prescription because the thing is
a negative easement, a notarial prohibition If the distance is less than 3 meters – void
is still required before the period of More than 3 meters – valid
prescription will commence to run. Does
the clause mean that the right to demand RULE WHEN A RIGHT HAS BEEN ACQUIRED
the closure of violating windows never TO HAVE A DIRECT VIEW:
it is a true servitude unlike 669 and 670 *Even without the easement, we still have
which do not really refer to easements the obligation for the rainwater to fall on
since both owners are prohibited. our own land
Art. 674. The owner of a building shall be ISSUE: Did Paredes hav a right to construct
obliged to construct its roof or covering in a building with a roof protruding over
such manner that the rain water shall fall Emilio’s lot in the dimensions mentioned in
on his own land or on a street or public the Decree of Registration
place, and not on the land of his neighbor,
even though the adjacent land may belong HELD: No, Paredes had no such right to
to two or more persons, one of whom is construct a protruding roof. The
the owner of the roof. Even if it should fall encumbrance is not the roof itself but the
on his own land, the owner shall be falling of the rainwater inside Emilio’s land.
obliged to collect the water in such a way The distances prescribed in the Decree
as not to cause damage to the adjacent therefore did not refer to the protrusion of
land or tenement. (586a) the width and length of the roof, but to the
distance of the rainwater falling on the
adjacent lot. The roof of Paredes must the house itself to the rain water collected
therefore be reconstructed. thereon, the establishment of an easement
of drainage can be demanded, giving an
NOT REALLY AN EASEMENT: outlet to the water at the point of the
Article 674 does not really create an contiguous lands or tenements where its
easement, for it merely regulates the use of egress may be easiest, and establishing a
a person’s property insofar as rainwater is conduit for the drainage in such manner as
concerned to cause the least damage to the servient
estate, after payment of the property
Art. 675. The owner of a tenement or a indemnity. (583)
piece of land, subject to the easement of
receiving water falling from roofs, may OUTLET OF RAIN WATER THROUGH A
build in such manner as to receive the SURROUNDING HOUSES
water upon his own roof or give it another This is similar to the compulsory easement
outlet in accordance with local ordinances of right of way
or customs, and in such a way as not to
cause any nuisance or damage whatever to CONDITIONS:
the dominant estate. (587) 1. Because of enclosure, there is no
adequate outlet for rain water
WHAT IF AN WATER CANNOT BE 2. The outlet must be at the point of
CONTAINED, WHAT WILL YOU DO? easiest egress (going out)
Have an outlet. 3. Least possible damage
4. Payment of proper indemnity
IF IT TRAVERSE ON ANOTHER ESTATE?
It is allowed via demand and to pay for SECTION 7. - Intermediate Distances
indemnity and should be done as the least and Works for Certain Constructions and
prejudicial to the servient estate. Plantings
*If it is imputable to one owner, it is not a Art. 677. No constructions can be built or
legal easement anymore but a voluntary plantings made near fortified places or
one fortresses without compliance with the
conditions required in special laws,
RULE WHEN A TENEMENT OR LAND IS ordinances, and regulations relating
SUBJECT TO THE EASEMENT OF RECEIVING thereto. (589)
WATER FALLING FROM ROOFS
The easement referred to in Art 676 may be FORTIFIED PLACES – place established by
complied with by following art 675. the government for security purposes
REMEDY OF 677: Government should come by the ordinances or customs of the place,
up with laws and regulations in matters and, in the absence thereof, at a distance
pertaining to fortresses of at least two meters from the dividing
line of the estates if tall trees are planted
Art. 678. No person shall build any and at a distance of at least fifty
aqueduct, well, sewer, furnace, forge, centimeters if shrubs or small trees are
chimney, stable, depository of corrosive planted.
substances, machinery, or factory which by Every landowner shall have the right to
reason of its nature or products is demand that trees hereafter planted at a
dangerous or noxious, without observing shorter distance from his land or tenement
the distances prescribed by the regulations be uprooted.
and customs of the place, and without The provisions of this article also apply to
making the necessary protective works, trees which have grown spontaneously.
subject, in regard to the manner thereof, (591a)
to the conditions prescribed by such
regulations. These prohibitions cannot be *Easement because they prohibit property
altered or renounced by stipulation on the owners (limitation)
part of the adjoining proprietors.
In the absence of regulations, such RULES WITH RESPECT TO THE PLANTING
precautions shall be taken as may be OF TREES:
considered necessary, in order to avoid Regarding distances, follow ordinances then
any damage to the neighboring lands or customs. If neither, distances must be
tenements. (590a) observed:
1. Tall trees – 2 meters from boundary
*Environmental laws and precautionary line to center of the tree
measures 2. Small trees or shrubs – 50cm from
boundary line to center of tree or
CONSTRUCTION OF AQUEDUCT, WELLS shrub
SEWERS, ETC
Follow the distances prescribed by the REMEDY FOR VIOLATION – demand
regulations and customs, if there be any, uprooting of the tree or shrub
otherwise take precautions
Art. 680. If the branches of any tree should
NO WAIVER – no waiver or alteration by extend over a neighboring estate,
stipulation is allowed, REASON: public tenement, garden or yard, the owner of
safety the latter shall have the right to demand
that they be cut off insofar as they may
LIABILITY FOR DAMAGES – in case of spread over his property, and, if it be the
violation, liable for damages roots of a neighboring tree which should
penetrate into the land of another, the
Art. 679. No trees shall be planted near a latter may cut them off himself within his
tenement or piece of land belonging to property. (592)
another except at the distance authorized
Art. 681. Fruits naturally falling upon SECTION 8. - Easement Against Nuisance
adjacent land belong to the owner of said (n)
land. (n)
Art. 682. Every building or piece of land is
*NATURALLY falling, not by acts of man subject to the easement which prohibits
*Mode of acquisition by operation of law the proprietor or possessor from
EXAMPLES: committing nuisance through noise,
X IS THE OWNER OF A GROVE OF MANGO jarring, offensive odor, smoke, heat, dust,
TREES, SOME OF THE BRANCHES IF WHICH water, glare and other causes.
EXTEND OVER THE LAND OF B.
REASON FOR PROHIBITING A NUISANCE: A
A. DOES B HAVE THE RIGHT TO nuisance, among others, annoys or offends
GATHER THE MANGO FRUITS ON the senses and it should therefore be
THE BRANCHES THAT EXTEND OVER prohibited
THE LAND OF B.
No, B has a right to the fruits that SERVIENT AND DOMINANT ESTATES?
have NOT YET naturally fallen on his The proprietor or possessor of the building
land or piece of land, who commits the nuisance
thru noise, jarring, offensive odor, etc is
Art. 686. The legal easement of lateral and CONSENT ON LEGAL EASEMENT IS NOT
subjacent support is not only for buildings REQUIRED BECAUSE IT IS IMPOSED BY
standing at the time the excavations are LAW.
made but also for constructions that may
be erected. CHAPTER 3
VOLUNTARY EASEMENTS
*Prophetic, futuristic
Art. 688. Every owner of a tenement or
Art. 687. Any proprietor intending to make piece of land may establish thereon the
any excavation contemplated in the three easements which he may deem suitable,
preceding articles shall notify all owners of and in the manner and form which he may
adjacent lands. deem best, provided he does not
contravene the laws, public policy or public
NOTIFICATION RE INTENDED order. (594)
EXCAVATIONS:
a. Notice is not required, if there is *VOLUNTARY EASEMENT – established by
actual knowledge of the excavation.. agreement of the parties, may be done only
otherwise, notice is mandatory by the owner or with authority from the
b. Even if there be notice, the owner. It is an act of ownership.
excavation should not deprive other
owners of lateral or subjacent WHO ACTS FOR THE DOMINANT ESTATE?
support. This is true even if the The person to act for the dominant estate
other consent. must be the OWNER or somebody else, in
c. Notice is required to enable the name and with authority of the
adjoining owners to take proper OWNER.
precautions
Art. 689. The owner of a tenement or piece
MAY A USUFRUCTUARY OR A POSSESSOR of land, the usufruct of which belongs to
IN GOOD FAITH MAKE EASEMENT? another, may impose thereon, without the
No. consent of the usufructuary, any
servitudes which will not injure the right of
usufruct. (595)
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DISTINCTION BETWEEN PARAGRAPH 4 AND 5: Kinds of Nuisance According to its nature:
Paragraph 4 includes public highways and 1. Nuisance Per Se (Nuisance at law)- the
bodies of waters owned by the State. Paragraph kind of nuisance which is always a
5 are properties owned by private individual. nuisance. By its nature it is always a
---------------------------------------------------------------- nuisance at all times and under any
circumstances regardless of location or
*Procession or parade Is NOT a nuisance but if surroundings.
they are disturbing, yes. 2. Nuisance Per Accidens (Nuisance in
fact) - the kind of nuisance by reason of
*Greetings of government official – depends location, surrounding or in the manner
upon normal circumstances, generally NOT. it is conducted or managed.
*Internet café with cybersex, nuisance HOW WOULD YOU KNOW IF IT IS A PUBLIC OR
PRIVATE NUISANCE?
Art. 695. Nuisance is either public or private. If it affects public place even if it is less in
A public nuisance affects a community or number
neighborhood or any considerable number of
persons, although the extent of the *Lawful business may become a nuisance.
annoyance, danger or damage upon Plastic factory in residential area. Nuisance.
individuals may be unequal. A private nuisance
is one that is not included in the foregoing
definition.
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KINDS OF NUISANCE ACCORDING TO THEIR Distinguish Nuisance per se from nuisance
SCOPE OF INJURY: accidens:
1. Public Nuisance (common) - is one
which affects a community or Nuisance per se is considered a nuisance on the
neighborhood or considerable number basis of its nature. It is at all times considered as
of persons. such regardless of the location, manner it is
2. Private Nuisance- is one which affects conducted or managed or its surrounding. On
an individual or few persons only the other hand, nuisance per accidens is a
nuisance that is initially not considered as a
IS THE NUMBER OF PERSONS AFFECTED THE nuisance, but because of its location, manner it
BASIS OF CLASSIFYING THE NUISANCE AS was conducted or its surrounding
PUBLIC OR PRIVATE? circumstances, it is classified as a nuisance.
To qualify whether it is a public or private ----------------------------------------------------------------
nuisance is to consider the over-all effect of the
nuisance in the community. Being so, it Example:
categorically means that even if the nuisance House of Prostitution: Nuisance Per se
may seem to effect only one person but if any - Regardless of its location, it is a
person who will come to the place will be nuisance per se because at all times, it
adversely affected, it is a public nuisance not a shocks, defies or disregard decency and
private one, notwithstanding the effect of it to morality.
only one person.
HIDALGO ENTERPRISES, INC., petitioner, vs. negligence precluding recovery, because they
GUILLERMO BALANDAN, ANSELMA ANILA and left for Manila on that unlucky day leaving their
THE COURT OF APPEALS, respondents. son under the care of no responsible individual -
needs no further discussion.
FACTS: Hidalgo Enterprises, Inc. "was the owner
of an ice-plant factory in the City of San Pablo, The doctrine may be stated, in short, as follows:
Laguna, in whose premises were installed two One who maintains on his premises dangerous
tanks full of water, nine feet deep, for cooling instrumentalities or appliances of a character
purposes of its engine. While the factory likely to attract children in play, and who fails to
compound was surrounded with fence, the exercise ordinary care to prevent children from
tanks themselves were not provided with any playing therewith or resorting thereto, is liable
kind of fence or top covers. to a child of tender years who is injured
thereby, even if the child is technically a
Mario Balandan, a boy barely 8 years old, while trespasser in the premises.
playing with and in company of other boys of
his age, entered the factory premises through The principal reason for the doctrine is that the
the gate, to take a bath in one of said tanks; and condition or appliance in question although its
while thus bathing, Mario sank to the bottom of danger is apparent to those of age, is so
the tank, only to be fished out later, already a enticing or alluring to children of tender years
cadaver, having died of `asphyxia secondary to as to induce them to approach, get on or use it,
drowning. and this attractiveness is an implied invitation
to such children.
The parents of the son sought for damages.
Now, is a swimming pool or water tank an
ISSUE: WON the tanks maintained is an instrumentality or appliance likely to attract
attractive nuisance little children in play? In other words is the body
of water an attractive nuisance? The great
HELD: "Nature has created streams, lakes and majority of American decisions say no.
pools which attract children. Lurking in their
waters is always the danger of drowning. "The attractive nuisance doctrine generally is
Against this danger children are early instructed not applicable to bodies of water, artificial as
so that they are sufficiently presumed to know well as natural, in the absence of some unusual
the danger; and if the owner of private property condition or artificial feature other than the
creates an artificial pool on his own property, mere water and its location."
merely duplicating the work of nature without
adding any new danger, . . . (he) is not liable Art. 696. Every successive owner or possessor
because of having created an `attractive of property who fails or refuses to abate a
nuisance.' Anderson vs. Reith-Riley Const. Co., nuisance in that property started by a former
N. E., 2nd, 184, 185; 184, 185; 112 Ind. App., owner or possessor is liable therefor in the
170. same manner as the one who created it.
Therefore, as petitioner's tanks are not What is the duty of the subsequent owner or
classified as attractive nuisance, the question possessor of a property causing nuisance?
whether the petitioner had taken reasonable When there is a nuisance on a property created
precautions becomes immaterial. And the other or caused by the former owner or possessor,
issue submitted by petitioner - that the parents the subsequent owner or possessor, who having
of the boy were guilty of contributory
full knowledge of the existence of the nuisance private nuisance is not extinguished by
must remove the nuisance. prescription, prescription will not lie for the
maintenance of nuisance.
Note:
G.R. :the liability of the creator and the one who *Abatement of nuisance does NOT prescribe.
maintains it is solidary You can still file.
XPN: if the parties acted independently of one
another without any concerted activity action
or common design, each one is liable only for What are the remedies against public
his individual act which contributed to the nuisance?
injury.
Art. 699. The remedies against a public
What is the effect if the nuisance is not nuisance are:
removed?
The creator or the one who knowingly (1) A prosecution under the Penal Code or
maintains it will be liable for damages and may any local ordinance: or
be held criminally liable. (2) A civil action; or
(3) Abatement, without judicial proceedings.
What is the rule in case of a lessee and
purchaser?
They may only be held liable if they knowingly Note:
maintain the nuisance on the property leased or Only PUBLIC NUISANCE, offenses against the
bought. State, may be the subject of a criminal
prosecution which may be authorized under a
Art. 697. The abatement of a nuisance does penal or an ordinance of a city or municipality.
not preclude the right of any person injured to
recover damages for its past existence.
What are the requisite for Extra Judicial
Can the action for abatement and damages be Abatement of Nuisance:
both sought? 1.there must be a necessity to justify the
Yes, the remedies of abatement and damages abatement.
are cumulative, that is, both may be demanded. 2.it must be exercised reasonably and
If the nuisance had already been abated and no efficiently.
longer exists, the aggrieved person may still
pursue a civil action for damages for the injuries
suffered during the existence of the nuisance. Note:
Under the RPC, there is no specific provision
Art. 698. Lapse of time cannot legalize any defining nuisance as a crime, but criminal action
nuisance, whether public or may be resort to because of the effects brought
private. by the nuisance, to wit:
- Alarms and scandals
CAN A NUISANCE BE LEGALIZED BY LAPSE OF - Malicious mischief
TIME? - Obscene publication
No. Lapse of time cannot legalize a nuisance, - Illegal discharge of firearms
whether public or private. Nuisances have the - Vagrancy and prostitution
element of criminality which cannot be - Unjust vexation
tolerated by law. An action to abate a public or
Is the owner of the nuisance property entitled judicial proceedings, is the best remedy against
to compensation? a public nuisance.
NO. the owner of the property which is abated
by destruction is not entitled to property. The *Police power is the basis of the abatement. It
reasons are clear. The destruction of the should be reasonably done.
property is anchored to police power and not to
power of eminent domain. The purpose of
destruction is not for public use but for public Who shall file a civil action against public
safety. Accordingly, the law does not grant an nuisance?
favor to a person maintaining a nuisance which When the nuisance is public in character
affect the safety or use of property of others. affecting the community, it is the mayor or the
governor as the case may be who is required to
VIOLATION OF GARBAGE LAWS – commence an action against a public nuisance.
Environmental laws *Jurisdiction of abatement of nuisance
is lodge in the RTC
Art. 700. The district health officer shall take
care that one or all of the remedies against a Note:
public nuisance are availed of. Whether it is the district health officer or the
city engineer who shall determine the best
What is the duty of District Health officer? remedy depends on the kind of nuisance. That
It is the duty of the district health officer to take is to say, if the nuisance concerns cinstruction,
care that one or all of the remedies against the proper official is he City Engineer.
public nuisance are availed of.
Art. 703. A private person may file an action
Is the rule absolute? on account of a public nuisance, if it is specially
No. cases like illegal constructions or houses on injurious to himself.
public streets, the proper official is the City
Engineer. EXAMPLE: oil spill
What if the District Health Officer or the City Art. 704. Any private person may abate a
Engineer, as the case may be is not consulted public nuisance which is specially injurious to
prior to the abatement, is the person doing the him by removing, or if necessary, by destroying
abatement liable? the thing which constitutes the same, without
No. The person doing so is not necessarily committing a breach of the peace, or doing
liable. They would only be held liable for unnecessary injury. But it is necessary:
damages if later on it will be declared that what
is sought to be a nuisance is not a nuisance at (1) That demand be first made upon the
all. owner or possessor of the property to abate
the nuisance;
Art. 701. If a civil action is brought by reason (2) That such demand has been rejected;
of the maintenance of a public nuisance, such (3) That the abatement be approved by the
action shall be commenced by the city or district health officer and executed with the
municipal mayor. assistance of the local police; and
(4) That the value of the destruction does not
Art. 702. The district health officer shall exceed three thousand pesos.
determine whether or not abatement, without
May a private person file an action against (4) That the value of the destruction does not
public nuisance? exceed three thousand pesos.
Yes. Generally, an action against public nuisance
in order to prosper must be commenced by the What are the other restriction in allowing a
city mayor or governor as the case may be. private individual file an action against public
However, the rule is not absolute. Being that so, nuisance?
the law allows the private individual to 1. The right to abate a public nuisance
commence an action against a public nuisance if must be resorted to only in case of
the private person has sustained a special and extreme necessity.
definite harm from a public nuisance. This 2. The right must ne exercise within a
means that it is specially injurious to him, reasonable time after the special injury
subject to the following conditions: or arm had been suffered.
(1) That demand be first made upon the 3. The means employed must be
owner or possessor of the property to abate the reasonable.
nuisance; 4. The property must not be destroyed
(2) That such demand has been rejected; unless necessary to eliminate the
(3) That the abatement be approved by the nuisance.
district health officer and executed with the
assistance of the local police; and *Ownership is NOT required for you to sue
(4) That the value of the destruction does not nuisance.
exceed three thousand pesos.
What is the nature of action? What are the remedies against private
The action to be filed may be for injunction, nuisance?
abatement or for damages.
*Subject to the condition that he must Art. 705. The remedies against a private
show special damage to himself nuisance are:
When does a person who did the abatement What are the purposes of registration?
liable? 1. To give notice to the whole world about
Generally, a person causing for the extra judicial the true status of real property, and of
abatement of nuisance is not liable except: existing real rights.
1. if they caused unnecessary injury to 2. To bind third persons who may come
the property of the owner or and transact contracts on the property.
possessor; or 3. To prevent the perpetrations of frauds
2. if the alleged nuisance is judicially by plugging loopholes which could
declared not a real nuisance. facilitate the unlawful transfers of
property.
What are the remedies of the owner of
property destroyed? What are the objects of Registry of Property?
If the property owner believes that his property The object of property is the inscription or
is not a nuisance, he may: annotation of acts and contracts relating to the
1. go to court for the determination of the ownership and other rights, mortgages,
status of the property as to whether it contracts of lease of realty for more than one
is a nuisance or not; year; deed of donation of realty, levy on
attachment of lands, levy on execution of lands.
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How is real right over property acquired? Can a land be acquired through occupation?
Real rights over property can be acquired by Never.
derivative modes of acquiring ownership. They
could not be acquired by occupation and Tradition as a mode of acquiring ownership:
intellectual creation because these latter modes Tradition is a legal delivery. It has a cause which
are original in nature and do not depend on is the title by reason of which the delivery is
pre-existing titles. made.
----------------------------------------------------------------
Distinguish real right from personal right. Classes of tradition:
A real right is the power of the person to obtain 1. Real or actual tradition: the actual
certain financial or economic advantages over a delivery of the thing from the hand of
specific thing, a power enforceable against the the grantor to the hand of the grantee if
whole world, whether or not he possess the the thing is a personality. If the thing is
thing. On the other hand, personal right is the a realty, it is manifested by certain
power belonging to a person to demand from possessory acts executed by the
another the fulfillment of a prestation to give, grantee with the consent of the grantor
to do or not to do. such as by taking over the property; by
---------------------------------------------------------------- entering it and occupying it.
Art. 720. If the owner should appear in time, The painter, sculptor or other artist shall have
he shall be obliged to pay, as a reward to the dominion over the product of his art even
finder, one-tenth of the sum or of the price of before it is copyrighted.
the thing found.
The scientist or technologist has the ownership
What are the duty of the owner who appear in of his discovery or invention even before it is
time and claim the lost thing? patented.
The owner has the following duty:
1. To give reward to the finder one-tenth Rule in ownership of intellectual property:
of the sum or value of the thing. 1. The author and the composer are
2. To reimburse the finder the expenses already the owner of their creation
incurred by the finder in locating him or even before the publication.
in preserving the lost thing of there is
any. Purpose of copyright: if the author or
3. To reimburse the expenses for publisher intends to publish his work;
publication, if there was a public also others may acquire their works of
auction sale not patented or copyrighted
Kind of donations contemplated under this What is the status of the donation with illegal
Article: or impossible donation?
1. Remuneratory or compensatory If the donation is simple or remuneratory
donation: donation, the donation is still valid and will be
Remuneratory- a form of reward treated as if no condition has been imposed,
because of the past services of the done but if the condition is onerous, which is
to the donor governed by laws on contracts, the donation
*1.the donee made a past becomes void because the condition imposed is
services to the donor illegal.
2. as a form of gratitude, the
donor gives something to the *No donation on intestate succession
done which do not constitute as
a demandable debts Art. 728. Donations which are to take effect
e.g. A save the life of B, B gave 1milliion upon the death of the donor partake of the
to A nature of testamentary provisions, and shall
in the given example, the act of be governed by the rules established in the
B is an act of liberality Title on Succession.
*In donation mortis causa, the right of *when there is a doubt as to the nature of the
disposition is not transferred to the donee while donation, it is resolved in favor of donation
the donor is still alive. inter vivos
Art. 729. When the donor intends that the INTER VIVOS REVOCABLE:
donation shall take effect during the lifetime 1. Inofficious
of the donor, though the property shall not be 2. Failure to comply
delivered till after the donor's death, this shall 3. ingratitude
be a donation inter vivos. The fruits of the
property from the time of the acceptance of What is donation praesenti?
the donation, shall pertain to the donee, Donation praesenti is considered as a donation
unless the donor provides otherwise. inter vivos but the delivery of the thing to be
donated is in the future
----------------------------------------------------------------
Distinguish donation mortis causa from Ownership immediately transferred through
donation inter vivos: done but takes effect upon death. Death is
Donation MC takes effect after the death of the irrelevant.
donor while Donation IV takes effect during the
lifetime of the donor. Being so, Donation MC Death is not or relevant in transfer.
shall strictly follow the formalities of will while
Donation IV follows the formalities of donation Art. 730. The fixing of an event or the
because Donation MC is governed by provisions imposition of a suspensive condition, which
under Succession while Donation IV is governed may take place beyond the natural expectation
by rules on Donation. In donation mc of life of the donor, does not destroy the
acceptance must be made after the death of nature of the act as a donation inter vivos,
the donor while acceptance in donation IV is unless a contrary intention appears.
made during the lifetime of the donor.
Donation MC may be revoked at anytime *not descendant or death of donor
during the lifetime of the donor, but in case of
donation IV, it is generally not revocable except GR: when a suspensive condition is imposed on
in cases of inofficious donations, failure to donation inter vivos, it is not changes to
comply with the imposed condition or donation mortis cause
ingratitude. XPN: when there is a stipulation to the
---------------------------------------------------------------- contrary.
Art. 731. When a person donates something, When the donation is an onerous one, it is
subject to the resolutory condition of the governed by the laws of contract. If the
donor's survival, there is a donation inter donation is partially onerous, the donation
vivos. equivalent to the burden is governed by the
rules on donation while the excess is governed
Rule when donation is subject to a resolutory by the laws on contracts.
condition:
Resolutory condition- is one the happening of ----------------------------------------------------------------
which terminates an obligation Distinguish onerous from remuneratory
donation:
*what is contemplated under the article is upon In onerous donation, the services of the done
the DONOR’S survival and not of the done has not yet been performed while the services
of the done in remuneratory condition is
e.g. A will give B a rolex but when A survives the already performed.
hiking to Mt. Everest, B must return the rolex. A ----------------------------------------------------------------
survived. Is there a donation?
Art. 734. The donation is perfected from the
Yes, the donation is a donation inter vivos with moment the donor knows of the acceptance
resolutory condition. by the donee.
Art. 732. Donations which are to take effect *perfection happens upon acceptance
inter vivos shall be governed by the general
provisions on contracts and obligations in all WHAT IS THE RELEVANCE OF ACCEPTANCE?
that is not determined in this Title. It is an essential requisite for the validity of
donation.
What governs donation inter vivos?
Donation inter vivos which takes effect during When is the moment of perfection of
the lifetime of the donor is governed by the donation?
provision on Donations. In case the rules on A donation is perfected from the time the
donations is insufficient, the laws on contracts donor has the knowledge of the acceptance
and obligations will apply suppletorily. made by the donee. Thus, the acceptance must
be made during the lifetime of the donor.
What rule will apply if there is illegality on
object and cause of donation? What is the status of the donation when
Object and cause are two separate elements of acceptance by done is not made?
a donation and the illegality of either element The donation is null and void.
will give rise to the application of doctrine of
pari delicto. Rule prior to knowledge of acceptance:
Before the acceptance of the done, there s no
Art. 733. Donations with an onerous cause perfection of donation yet. Otherwise put,
shall be governed by the rules on contracts and there is no donation at all, hence the donor may
remuneratory donations by the provisions of give the property to somebody else. This is so
the present Title as regards that portion which because the donor has not yet parted woth the
exceeds the value of the burden imposed. disposition of the property.
Art. 735. All persons who may contract and What is the status of the donation made by the
dispose of their property may make a guardians and trustees?
donation. The donation is void because under the law
they are not allowed to donate properties
entrusted to them.
Requisites in order for a person may validly
donate: Is the rule absolute?
1. The capacity to enter contract (must be No. if the donation made by the guardian is
of legal age) with the consent of the ward and has a judicial
2. Capacity to dispose his property by acts approval and will benefit the ward, the
inter vivos donation is valid.
*in other words, the donor must have a full
capacity *Trustees may become owner by repudiation
by the trustor
Art. 737. The donor's capacity shall be
*Applicable to both natural and artificial determined as of the time of the making of the
persons. donation.
2. Relatively disqualified- those who are What is the status of the donation made to
disqualified under the circumstances persons enumerated under Art. 739?
provided for by Art. 1027, 1032 The donation made to persons enumerated
under Art. 739 is void from the beginning. By
Rule in giving donation to organization: reason of moral consideration, the law
Alien Organization- G.R.: cannot be a done automatically declares their nullity and need
XPN: when 60% of its not be pronounced as such by courts.
capital is owned by Filipinos
Application:
Non-Stock Organization- cannot be a donee *The donation to be void under paragraph 1, it
unless the controlling membership is in Filipino must be two person guilty of either ADULTERY
hands or CONCUBINAGE.
*The donation must be made at the time they
Filipino Organization- can be a done because it are currently having their relationship as
is controlled by Filipinos paramours.
Generally, they cannot donate with each other disqualified because the law says so. In cases of
as this will place them favorably than those who Arts. 919, 920, 921, if it is done by the parents
are married. However they may donate child or spouse, it is still within the discretion of
moderately only when the family is rejoicing. the donor to donate I to the child, parents or
spouse who did the unworthiness.
PARAGRAPH 3: ----------------------------------------------------------------
RULE:
Public officers are not allowed to receive What is the consequence of the donation?
donation, it is prohibited by law from any Art. 919, 920, 921- there must a reconciliation
person, at any event. and express pardon or forgiveness
Acts of unworthiness- express pardon and
Art. 740. Incapacity to succeed by will shall written condonation
be applicable to donations inter vivos.
*Incapacity to succeed is only applicable to Art. 919. The following shall be sufficient causes
donation inter vivos. for the disinheritance of children and
descendants, legitimate as well as illegitimate:
(1) When a child or descendant has
Two kinds of person disqualified to succeed:
1. Absolutely disqualified to inherit by will: been found guilty of an attempt against
Arts. 1028, 919, 920, 921 the life of the testator, his or her
2. Relatively disqualified to inherit by will: spouse, descendants, or ascendants;
Arts. 1027, 1032 (2) When a child or descendant has
accused the testator of a crime for
*please see these Articles for guidance which the law prescribes imprisonment
for six years or more, if the accusation
*ARTS. 1027 and 1032 are relatively disqualified
because they are naturally allowed to be a done has been found groundless;
but because of the situation, they are barred (3) When a child or descendant has
from receiving donations been convicted of adultery or
concubinage with the spouse of the
What is the status of donation made by the testator;
guardians?
(4) When a child or descendant by
Whether it is void or not depends upon the
underlying circumstances. If the donation is fraud, violence, intimidation, or undue
made before the final accounting of assets, it is influence causes the testator to make a
void because as to the portion allowed to be will or to change one already made;
donated is still ideal, but if donation is made (5) A refusal without justifiable cause to
after the accounting of assets, it is valid. support the parent or ascendant who
disinherits such child or descendant;
----------------------------------------------------------------
(6) Maltreatment of the testator by
Distinguish Arts. 919, 920, 921 from Art. 1032:
While articles 919, 920 and 921 and 1032 are word or deed, by the child or
generally considered as acts of unworthiness, descendant;
under Art. 1032, the grounds are imposed by he (7) When a child or descendant leads a
law and it is automatic in a sense that if the dishonorable or disgraceful life;
done had done those enumerated, he is already
(8) Conviction of a crime which carries of the testator, his or her descendants,
with it the penalty of civil interdiction. or ascendants;
(756, 853, 674a) (2) When the spouse has accused the
Art. 920. The following shall be sufficient causes testator of a crime for which the law
for the disinheritance of parents or ascendants, prescribes imprisonment of six years or
whether legitimate or illegitimate: more, and the accusation has been
(1) When the parents have abandoned found to be false;
their children or induced their (3) When the spouse by fraud, violence,
daughters to live a corrupt or immoral intimidation, or undue influence cause
life, or attempted against their virtue; the testator to make a will or to change
(2) When the parent or ascendant has one already made;
been convicted of an attempt against (4) When the spouse has given cause
the life of the testator, his or her for legal separation;
spouse, descendants, or ascendants; (5) When the spouse has given grounds
(3) When the parent or ascendant has for the loss of parental authority;
accused the testator of a crime for (6) Unjustifiable refusal to support the
which the law prescribes imprisonment children or the other spouse. (756, 855,
for six years or more, if the accusation 674a)
has been found to be false; Art. 1027. The following are incapable of
(4) When the parent or ascendant has succeeding:
been convicted of adultery or (1) The priest who heard the confession
concubinage with the spouse of the of the testator during his last illness, or
testator; the minister of the gospel who
(5) When the parent or ascendant by extended spiritual aid to him during the
fraud, violence, intimidation, or undue same period;
influence causes the testator to make a (2) The relatives of such priest or
will or to change one already made; minister of the gospel within the fourth
(6) The loss of parental authority for degree, the church, order, chapter,
causes specified in this Code; community, organization, or institution
(7) The refusal to support the children to which such priest or minister may
or descendants without justifiable belong;
cause; (3) A guardian with respect to
(8) An attempt by one of the parents testamentary dispositions given by a
against the life of the other, unless ward in his favor before the final
there has been a reconciliation accounts of the guardianship have been
between them. (756, 854, 674a) approved, even if the testator should
Art. 921. The following shall be sufficient causes die after the approval thereof;
for disinheriting a spouse: nevertheless, any provision made by
(1) When the spouse has been the ward in favor of the guardian when
convicted of an attempt against the life the latter is his ascendant, descendant,
brother, sister, or spouse, shall be valid;
(4) Any attesting witness to the cause the testator to make a will or to
execution of a will, the spouse, parents, change one already made;
or children, or any one claiming under (7) Any person who by the same means
such witness, spouse, parents, or prevents another from making a will, or
children; from revoking one already made, or
(5) Any physician, surgeon, nurse, who supplants, conceals, or alters the
health officer or druggist who took care latter's will;
of the testator during his last illness; (8) Any person who falsifies or forges a
(6) Individuals, associations and supposed will of the decedent. (756,
corporations not permitted by law to 673, 674a)
inherit. (745, 752, 753, 754a)
Art. 1032. The following are incapable of
succeeding by reason of unworthiness: Unworthiness of the donee
(1) Parents who have abandoned their If the unworthiness of the donee is unknown,
the donation made to him is VOID; on the other
children or induced their daughters to
hand if the unworthiness of the donee is known
lead a corrupt or immoral life, or the donation made in favor of him is VALID.
attempted against their virtue; Reason: the donation itself is the condonation
(2) Any person who has been convicted in writing needed to make the donation valid
of an attempt against the life of the
testator, his or her spouse, Situation:
A donated to B. B attempted to kill A’s child. Is
descendants, or ascendants;
the donation valid?
(3) Any person who has accused the Yes. The donation is still valid notwithstanding
testator of a crime for which the law the unworthiness of B which was done after the
prescribes imprisonment for six years or perfection of the donation, but because of such,
more, if the accusation has been found the law provides that the donation after being
groundless; perfected and the donee became unworthy, it
(4) Any heir of full age who, having may be a ground for revocation of donation.
knowledge of the violent death of the
Art. 741. Minors and others who cannot
testator, should fail to report it to an enter into a contract may become donees but
officer of the law within a month, acceptance shall be done through their parents
unless the authorities have already or legal representatives.
taken action; this prohibition shall not
apply to cases wherein, according to What is the status of the donation made by
law, there is no obligation to make an minors, imbecile or insane?
The donation made by minors, insane or
accusation;
imbecile who has a restricted capacity is
(5) Any person convicted of adultery or voidable.
concubinage with the spouse of the
testator; May they become a donees?
(6) Any person who by fraud, violence, Yes, although they are restricted to enter into a
intimidation, or undue influence should contract, they are still qualified to be a donees
provided that the acceptance will be made by
their parents of legal representative.
And in default: the one who could present an Why is that donation must be accepted by the
older title provided there is good faith. done or in his absence, a person authorized to
receive?
This is so because a donation is an act of
Art. 1544. If the same thing should have been liberality and it will not be effective if it is not
sold to different vendees, the ownership shall accepted by the donee in manner provided by
be transferred to the person who may have first law. without valid acceptance, the donation is
taken possession thereof in good faith, if it void.
should be movable property.
Acceptance by agent:
Should it be immovable property, the when it is a simple and onerous donation, the
ownership shall belong to the person acquiring ordinary agent or administrator cannot accept
it who in good faith first recorded it in the the donation made in favor of the done, it the
Registry of Property. donee’s behalf.
Reason: This is so because in simple
Should there be no inscription, the ownership donation, the principal may not want to accept
shall pertain to the person who in good faith it. In onerous donation, the principal may not
was first in the possession; and, in the absence want to be bound.
thereof, to the person who presents the oldest
title, provided there is good faith. (1473)
Formalities of donation:
Art. 745. The donee must accept the donation A. Movables:
personally, or through an authorized person 1. Orally- with simultaneous delivery;
with a special power for the purpose, or with a value of which is 5000 below
general and sufficient power; otherwise, the 2. Writing- exceeds in 5000
donation shall be void. Note: the law does not require it to be
in public document, it simply requires
to be in writing
Modes of acceptance of donation:
1. Personally- the done is the one who ACCEPTANCE:
accepts it Acceptance must also be writing if the
2. By legal representative provided that: donation was required in writing.
a. It has notification
b. With authority B. Immovable:
c. With sufficient power 1. Donation must be in writing
Otherwise acceptance made by a 2. Acceptance must be in writing
third person not a legal Note: Unlike when the object of
representative is void. donation is a movable, if the object of
donation is immovable, it must always
Two kinds of authorized person: be in public document otherwise, the
1. With special power donation will be void
2. With a general and sufficient power
C. Onerous donation
The formalities that must be applied
with regard to onerous donation are
those of the rules on contracts
be in public document otherwise, the The law requires that the donor makes a
donation will be void reservation for those he may be called upon to
support.
But in order to bind third person, the
donation must be registered in the What is the effect if there is no reservation?
Registry of Property. Does it affect the validity of the donation?
The donation is still valid as it is only excessive
Effects if the donation is only in Private donation. It is merely reducible to the extent
Document (not notarized) support of the relatives is impaired.
As the law requires that if the object of
donation is an immovable property, it must be Art. 751. Donations cannot comprehend
notarized, if it is otherwise made, it will be: future property.
1. Void except it is donation propter By future property is understood anything
nuptias because it is Statute of Frauds which the donor cannot dispose of at the time
which governs the donation of the donation.
2. Cannot be ratified, the remedy is to
make another donation following he Can the donor donate future property?
formalities provided by law No. the law prohibits it because future
Reason: Ratification is only made if the properties are those, which the donor cannot
donation is valid from the beginning, dispose at the time of the donation. This means
but in case the donation which is that future inheritance cannot be donated but
required to be made in public accrued inheritance can be donated. The
document is in private form, the donation will be considered void.
remedy is to make a new one and not
to ratify because it is void. XPN: The exception involves marriage
settlements of prospective spouses wherein
EFFECT OF DONATIONS AND LIMITATIONS they are allowed to donate properties to the
extent permitted by law.
Art. 750. The donations may comprehend all
the present property of the donor, or part Art. 752. The provisions of article 750
thereof, provided he reserves, in full notwithstanding, no person may give or
ownership or in usufruct, sufficient means for receive, by way of donation, more than he may
the support of himself, and of all relatives give or receive by will.
who, at the time of the acceptance of the The donation shall be inofficious in all that it
donation, are by law entitled to be supported may exceed this limitation.
by the donor. Without such reservation, the
donation shall be reduced in petition of any Application: No person may give more than
person affected. what he can give by will and at the same time,
the donee cannot receive more than what the
What are the properties covered by donation? donor could give by will.
Only present properties, which are the - The limitation given by the law with
properties which can be disposed of at the time regard to giving donation is that it must
of perfection of donation. not be more than what he can give by
will. This is to prevent the compulsory
What does the law requires when making a heirs from being prejudiced.
donation?
Illustration:
Art. 753. When a donation is made to several The donor shall also be liable for eviction or
persons jointly, it is understood to be in equal hidden defects in case of bad faith on his part.
shares, and there shall be no right of accretion
among them, unless the donor has otherwise What is the right of the done if he is evicted
provided. from property donated?
He is subrogated to all rights given to the donor.
The preceding paragraph shall not be
applicable to donations made to the husband What is the concept of eviction?
and wife jointly, between whom there shall be Eviction in donation is when the done is
a right of accretion, if the contrary has not deprived a part or in whole of the property
been provided by the donor. donated to him. Otherwise put, in case the
done is evicted from the property donated to
When does accretion arise in succession? him, the said done assumes all the rights and
actions available to the donor. Being so, he may
What if the donation is onerous, to whom will Application: donation of full ownership and
the donee against? usufruct.
The done will go against the donor as far as the
consideration is concerned. What is the status of the donation if one of the
donees died and the other has accepted it?
Generally, the donor does not warrant in Inoperative as far as the donation given to the
donation, except: done who died is concerned.
1. If the donor is in bad faith;
2. If donation is onerous;
3. If donation is proper nuptias unless the Illustration:
contrary is stipulated. A donated to B the naked ownership and C the
usufruct. B died. Which donation is inoperative?
The donation given to B is inoperative. In these
Art. 755. The right to dispose of some of the case it is upon the donr if he will give the
things donated, or of some amount which shall inoperative donation to the naked owner or
be a charge thereon, may be reserved by the give it to another.
donor; but if he should die without having
made use of this right, the property or amount Art. 757. Reversion may be validly
reserved shall belong to the donee. established in favor of only the donor for any
case and circumstances, but not in favor of
Can the donor make reservations in the deed other persons unless they are all living at the
of sale? time of the donation.
Yes. The donr may reserved the disposition of
some of the property donated. Is reversion of property donated allowed?
Yes it is allowed, however it is not automatic. XPN: if there is a stipulation that the
Illustration: future debts will also be covered.
A donated a land to B provided a school will be
constructed therein. B failed to construct the What if there is no stipulation regarding the
school. Will the land donated revert to A? debt in the deed of donation?
Yes, provided that the donor will file an action Generally, the done will make no payment of
to revert the land previously donated by him to the debt, except when the donation is made in
him. Exception to that is when the done has fraud of creditors, in which case the done will
voluntarily surrendered the property. be compelled to pay the creditor.
What is there is a stipulation in the deed of sale Art. 759. There being no stipulation regarding
that upon failure of compliance of the the payment of debts, the donee shall be
condition, it will be reverted back to a 3rd responsible therefor only when the donation
person. Is it allowed? has been made in fraud of creditors.
Yes, provided that at the 3rd person is alive at
the time of perfection of the donation. The donation is always presumed to be in
fraud of creditors, when at the time thereof
What if that 3rd person died, what is the status the donor did not reserve sufficient property
of the donation? to pay his debts prior to the donation.
The donation would still be valid, but the
stipulation made is invalid because the 3rd When is fraud of creditor presumed?
person to whom the stipulation was made in It is presumed that there is a fraud of creditor
favor of died. when the donor did not reserve sufficient
property at the time of donation for the full
Art. 758. When the donation imposes upon settlement of his debts.
the donee the obligation to pay the debts of
the donor, if the clause does not contain any
declaration to the contrary, the former is REVOCATION AND REDUCTION OF DONATION
understood to be liable to pay only the debts
which appear to have been previously
contracted. In no case shall the donee be Art. 760. Every donation inter vivos, made by
responsible for the debts exceeding the value a person having no children or descendants,
of the property donated, unless a contrary legitimate or legitimated by subsequent
intention clearly appears. marriage, or illegitimate, may be revoked or
reduced as provided in the next article, by the
May the donor imposed the debt of donor to happening of any of these events:
done?
Yes, provided that there is a stipulation on the (1) If the donor, after the donation, should
deed of donation. have legitimate or legitimated or illegitimate
children, even though they be posthumous;
What is the extent of donee’s liability?
It shall not exceed the value donated, except (2) If the child of the donor, whom the latter
when there is a stipulation to the contrary. believed to be dead when he made the
donation, should turn out to be living;
G.R.: The debts which the donor may impose to
the done is his prior debts, that is those debts (3) If the donor subsequently adopt a minor
incurred by the donor before the donation. child.
birth of the first child, it is already non-compliance of the donation. The donor
prescribed and will not be revived by cannot revoke the donation by his own
subsequent birth. unilateral act even if the donee has failed to
comply with the condition. A court action is
AS TO LEGITIMATION: from the date of essential
marriage of the parent, the recognition is made
by both parents What is the status of the sale?
It is void because the donee who failed to
*Retroactive comply with the condition never became the
owner of it.
AS TO THE RECOGNITION OF ILLEGITIMATE
CHILD: from the date of recognition of the child What if it was sold to an innocent purchaser?
The donor will run after the done
AS TO ADOPTION: from the period of filing the
petition for adoption Prescriptive period: 4 years from the time of
non-compliance; may be transmitted to the
AS TO APPEARANCE OF THE CHILD BELIEVED TO heir. It is transmissible.
BE DEAD: from the time the information about
his existence was received Art. 765. The donation may also be revoked
at the instance of the donor, by reason of
Rule in case two cause occur: ingratitude in the following cases:
-the reckoning point is the period of the first
cause (1) If the donee should commit some offense
against the person, the honor or the property
Is the right of action transmissible? of the donor, or of his wife or children under
Yes, provided the donor dies with the 4-year his parental authority;
period of prescription.
(2) If the donee imputes to the donor any
criminal offense, or any act involving moral
Art. 764. The donation shall be revoked at turpitude, even though he should prove it,
the instance of the donor, when the donee unless the crime or the act has been
fails to comply with any of the conditions committed against the donee himself, his wife
which the former imposed upon the latter. or children under his authority;
In this case, the property donated shall be (3) If he unduly refuses him support when the
returned to the donor, the alienations made by donee is legally or morally bound to give
the donee and the mortgages imposed thereon support to the donor.
by him being void, with the limitations
established, with regard to third persons, by *Does not apply to suspensive condition.
the Mortgage Law and the Land Registration
laws. Are these exclusive?
Yes. Only these acts will cause the revocation of
What is the remedy of the donor when the the donation.
done failed to comply with the condition G.R.: Donation is revocable on the ground of
imposed? ingratitude of the done except in:
The remedy of the donor is to file an action for 1. donation mortis causa
the revocation of the donation on the ground of 2. onerous donation
Lifetime of donor, donee. Death of donors, heirs sufficient to cover all of them, those of the
of donors. Since revocation only takes effect more recent date shall be suppressed or
upon death of donor. reduced with regard to the excess.
Art. 771. Donations which in accordance with rule if disposable donation cannot afford 2 or
the provisions of article 752, are inofficious, more donation:
bearing in mind the estimated net value of the 1. preference is given to earlier made.; the
donor's property at the time of his death, shall latter donations must be dropped first
be reduced with regard to the excess; but this XPN: wedding gifts
reduction shall not prevent the donations from
taking effect during the life of the donor, nor 2. if the donations were perfected at the
shall it bar the donee from appropriating the same time:
fruits. - the reduction must be proportionate
For the reduction of donations the provisions Grounds for the reduction of donation:
of this Chapter and of articles 911 and 912 of 1. the donor did not leave sufficient
this Code shall govern. property for his own support and that
of his family
Art. 772. Only those who at the time of the 2. Art 760
donor's death have a right to the legitime and 3. Inofficious donation
their heirs and successors in interest may ask 4. Donation made in fraud of creditors (
for the reduction or inofficious donations. amount of judgment is less than the
disposable free portion)
Those referred to in the preceding paragraph
cannot renounce their right during the lifetime Ground for the suppression of donation:
of the donor, either by express declaration, or 1. Totally inofficious
by consenting to the donation. 2. Non-compliance of condition
3. Ingratitude of the donee
The donees, devisees and legatees, who are 4. Donation is in fraud of creditor (the
not entitled to the legitime and the creditors amount of judgment is more than the
of the deceased can neither ask for the DFP)
reduction nor avail themselves thereof.
What is the status of the inofficious donation?
It is void up to the extent of the excess.