Professional Documents
Culture Documents
Law On Property
Law On Property
Civil Law
SUMMER REVIEWER
—Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie
Tajan, John Paul Lim; Subject Head: Abbiegail Sac; Pledgees: Floreida Apolinario, Gianfranco Gomez—
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 41 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Art. 420. The following things are property of Art. 421. All other property of the State, which is
public dominion: not of the character stated in the preceding
(1) Those intended for public use, such article, is partrimonial property.
as roads, canals, rivers, torrents, ports, and
bridges constructed by the State, banks, shores, PATRIMONIAL PROPERTY is property pertaining to
roadsteads, and others of similar character; the State which is not intended for public use, public
(2) Those which belong to the State, service, or for the development of the national wealth.
without being for public use, and are intended for It is intended rather for the attainment of the
some public service or for the development of the economic ends of the State, that is, for subsistence.
national wealth.
• Subject to prescription
CLASSIFICATION OF PROPERTY ACCORDING • May be an object of ordinary contract
TO OWNERSHIP:
1. Public dominion – outside the commerce of
men Art. 422. Property of public dominion, when no
KINDS: longer intended for public use or for public
a. intended for public use service, shall form part of the patrimonial
b. intended for public service of state, property of the State.
provinces, cities & municipalities • A property is converted from property of
CHARACTERISTICS: public dominion to patrimonial property
i. outside the commerce of men – through a formal declaration of the executive
cannot be alienated or leased or be or legislative departments of the government.
the subject of any contract • Without the declaration, the property
ii. cannot be acquired by private continues to form part of the public domain
individual through prescription and therefore cannot be the subject of
iii. not subject to attachment & acquisitive prescription.
execution
iv. cannot be burdened by voluntary Dacanay v Asistio Jr., 208 SCRA 404 (1992)
easement
v. cannot be registered under the Land ISSUE: May public streets or thoroughfares be
Registration Law and be the subject leased or licensed to market stallholders by virtue of
of a Torrens Title a city ordinance or resolution of the Metro Manila
vi. in general, can be used by Commission?
everybody
HELD:
c. for the development of national wealth NO. The right of the public to use the city streets
may not be bargained away through contract.
2. Private Ownership – Hence, the agreement between the city government
1. patrimonial property of state, provinces, and stallholders is contrary to law and therefore void.
cities, municipalities * Rule: local government cannot withdraw a
a. exist for attaining economic ends of public street from public use, unless it has been
state granted such authority by law.
b. property of public dominion when no
longer intended for public Art. 423. The property of provinces, cities, and
use/service – declared patrimonial municipalities is divided into property for public
(NOTE: Patrimonial
QuickTime™ and a properties may
use and patrimonial property.
be TIFF (Uncompressed) decompressor
acquired
are needed to by private
see this picture. individuals or Art. 424. Property for public use, in the provinces,
corporations through prescription.) cities, and municipalities, consist of the
2. property belonging to private persons – provincial roads, city streets, municipal streets,
individually or collectively the squares, fountains, public waters,
promenades, and public works for public service
NOTE: sacred and religious objects are considered paid for by said provinces, cities, or
outside the commerce of man. They are neither municipalities.
public nor private party. All other property possessed by any of
them is patrimonial and shall be governed by this
Page 42 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 43 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 44 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
• Absolute necessity for expropriation is not Art. 438. Hidden treasure belongs to the owner of
required. It is enough that reasonable the land, building, or other property on which it is
necessity for public use is intended. found.
• Just compensation is equivalent to the value Nevertheless, when the discovery is made
of the land. (Market value plus consequential on the property of another, or of the State or any
damages minus the consequential benefits) of its subdivisions, and by chance, one-half
• The market value should be determined at thereof shall be allowed to the finder. If the finder
the time of the filing of the complaint or at the is a trespasser, he shall not be entitled to any
time of taking of the property, whichever share of the treasure.
transpires first. If the things found be of interest to
• The ownership over the property taken is science of the arts, the State may acquire them at
transferred only when the just compensation their just price, which shall be divided in
with proper interest had been made conformity with the rule stated.
Art. 439. By treasure is understood, for legal
ELEMENTS OF TAKING FOR PURPOSES OF purposes, any hidden and unknown deposit of
EMINENT DOMAIN: money, jewelry, or other precious objects, the
1. The expropriator must enter a private lawful ownership of which does not appear.
property.
2. The entrance must be for more than a CONCEPT OF TREASURE:
momentary period. 1. Consists of money, jewels, or other
3. The entry should be under warrant or color precious objects. (not raw materials)
of legal authority. 2. Hidden and unknown
4. Property must be devoted to a public use 3. Owner is unknown
or otherwise informally appropriated or
injuriously affected RIGHT TO HIDDEN TREASURE:
5. Utilization of the property must be in such a 1. Finder is the same as owner of the
way as to oust the owner and deprive him property – treasure totally belongs to him.
of all beneficial enjoyment of the property. 2. Finder is third person and he discovered it
by chance – finder is entitled to one half of
the value of the treasure.
POLICE POWER is another limitation of the right of 3. Finder is an intruder – he is not entitled to
ownership wherein property may be interfered with, anything
even destroyed, if so demanded by the welfare of the 4. Finder was given express permission by
community. The owner of the property is not entitled the owner – subject to the contract of
to compensation service and principle of unjust enrichment
Page 45 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 46 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
person in their production, gathering, and also in accord with the maxim “pratus sequitor
preservation. ventrem” (the offspring follows the dam—or
mother).
OBLIGATIONS:
1. Gathered Fruits Art. 445. Whatever is built, planted or sown on the
Planter Owner land of another and the improvements or repairs
Planter in Keeps fruits No necessity to made thereon, belong to the owner of the land,
GF reimburse the planter subject to the provisions of the following articles.
Art. 446. All works, sowing, and planting are
of expenses since he
retains the fruits presumed made by the owner and at his expense,
unless the contrary is proved.
Planter in Reimbursed Gets fruits, pay
Art. 447. The owner of the land who makes
BF for expenses planter expenses
thereon, personally or through another,
for
plantings, constructions or works with the
production,
materials of another, shall pay their value; and, if
gathering,
he acted in bad faith, he shall also be obliged to
and
the reparation of damages. The owner of the
preservation
materials shall have the right to remove them
only in case he can do so without injury to the
2. Standing Crops
work constructed, or without the plantings,
constructions or works being destroyed.
PLANTER OWNER
However, if the landowner acted in bad faith, the
Planter in GF Reimbursed Owns fruits owner of the materials may remove them in any
for expenses provided he event, with a right to be indemnified for damages.
for production, pays planter Art. 448. The owner of the land on which anything
gathering, and expenses for has been built, sown or planted in good faith,
preservation production, shall have the right to appropriate as his own the
gathering, works, sowing or planting, after payment of the
and indemnity provided for in Articles 546 and 548, or
preservation. to oblige the one who built or planted to pay the
(forced co- price of the land, and the one who sowed, the
ownership) proper rent. However, the builder or planter
Planter in BF Loses Owns fruits cannot be obliged to buy the land if its value is
everything. No considerably more than that of the building or
right to trees. In such case, he shall pay reasonable rent,
reimbursement if the owner of the land does not choose to
appropriate the building or trees after proper
indemnity. The parties shall agree upon the terms
Art. 444. Only such as are manifest or born are of the lease and in case of disagreement, the
considered as natural or industrial fruits. court shall fix the terms thereof.
With respect to animals, it is sufficient that Art. 449. He who builds, plants or sows in bad
they are in the womb of the mother, although faith on the land of another, loses what is built,
unborn. planted or sown without right to indemnity.
Art. 450. The owner of the land on which anything
• Bar Question (RE: Offspring of Animals) has been built, planted or sown in bad faith may
To whom does the offspring
QuickTime™ and ofa animals belong demand the demolition of the work, or that the
when the maleTIFFand
(Uncompressed) decompressor
female
are needed belong to different
to see this picture.
planting or sowing be removed, in order to
owners? replace things in their former condition at the
expense of the person who built, planted or
Ans: Under the Partidas, the owner of the female sowed; or he may compel the builder or planter to
was considered also the owner of the young, pay the price of the land, and the sower the
unless there is a contrary custom or speculation. proper rent.
The legal presumption, in the absence of proof to Art. 451. In the cases of the two preceding
the contrary, is that the calf, as well as its mother articles, the landowner is entitled to damages
belong to the owner of the latter, by the right of from the builder, planter or sower.
accretion. (US v. Caballero, 25 Phil 356). This is
Page 47 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Art. 452. The builder, planter or sower in bad faith the owner of the
is entitled to reimbursement for the necessary materials can
expenses of preservation of the land. remove them.
Art. 453. If there was bad faith, not only on the
part of the person who built, planted or sowed on LO = BF He becomes the 1. entitled to the
the land of another, but also on the part of the OM = GF owner of the ABSOLUTE
owner of such land, the rights of one and the materials but he right of removal
other shall be the same as though both had acted must pay: and damages
in good faith. 1. their value (whether or not
It is understood that there is bad faith on 2. and substantial injury
the part of the landowner whenever the act was damages is caused
done with his knowledge and without opposition 2. entitled to
on his part. Exception: reimbursement
Art. 454. When the landowner acted in bad faith when the owner and damages (in
and the builder, planter or sower proceeded in of the materials case he
good faith, the provisions of article 447 shall decides to chooses not to
apply. remove them remove
Art. 455. If the materials, plants or seeds belong whether or not
to a third person who has not acted in bad faith, destruction
the owner of the land shall answer subsidiarily would be
for their value and only in the event that the one caused. In this
who made use of them has no property with case, the
which to pay. materials would
This provision shall not apply if the owner still belong to
makes use of the right granted by article 450. If the owner of
the owner of the materials, plants or seeds has said materials,
been paid by the builder, planter or sower, the who id addition
latter may demand from the landowner the value will still be
of the materials and labor. entitled to
Art. 456. In the cases regulated in the preceding damages
articles, good faith does not necessarily exclude LO = GF 1. Exempted Would lose all rights
negligence, which gives right to damages under OM = BF from to the materials,
article 2176. reimburseme such as the right of
nt removal, regardless
RULES WHEN LANDOWNER CONSTRUCTS OR 2. Entitled to of whether or not
PLANTS ON HIS LAND WITH MATERIALS OF consequential substantial injury
ANOTHER damages would be caused
1. LO and OM both in good faith; or LO and OM
both in bad faith 2. Rules when on land of a person another
Land Owner Owner of Materials builds, sows, or plants
(LO) (OM) Ex. builder built on LO’s land a house in GF
OM = GF Becomes the 1. entitled to
LO = GF; owner of the reimbursement Land Owner Builder
materials but he (provided he (LO)
Or must pay for does not remove LO = GF Has a CHOICE 1. Right to payment
their value. QuickTime™ and athem) Builder= either to: of indemnity
TIFF (Uncompressed) decompressor
OM = BF are needed to see th2. entitled to
is picture. GF; 1. Appropriate a. Necessary
LO = BF Exception: removal house as his expenses, right of
(as if when they can (provided no Or own after retention until
both in be removed substantial injury paying for reimbursed
GF) without is caused) LO = BF indemnity b. Useful
destruction to Builder = 2. or to compel expenses, right of
the work made BF the builder to retention
or to the plants. buy the land 2. May remove the
In such case, (as if both upon which ornaments with
Page 48 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 49 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
mere holder, agent, usufructuary or tenant; case Builder cannot pay, LO will not be
he knows that the land is not his. subsidiarily liable because as to him, OM is
Exception: if a tenant whose lease is about to in bad faith. If the builder pays, he cannot
expire, nevertheless still sows, not knowing ask reimbursement from LO because as to
that the crops will no longer belong to him, LO, builder is in bad faith
Art. 448 can be applied 2. LO can ask damages from both; moreover:
2. The builder, planter, or sower is a co-owner, a. He may appropriate what has been built
even if later on, during the partition, the as his own, without payment of any
portion of land used is awarded to another indemnity for useful or necessary
co-owner; expenses for the building but with
3. A person constructs a building on his own indemnity for the necessary expenses for
land, and then sells the land but not the the preservation of the land
building to another, there can be no question b. Demand the demolition of the house at
of good faith or bad faith on the part of the builder’s expense
builder. He can be compelled to remove the c. Compel builder to pay the price of the
building. The new owner will thus not be land whether the land is considerably
required to pay any indemnity for the more valuable than the building or not.
building;
4. The builder is a belligerent occupant Sarmiento v Agana 129 SCRA 122 (1984)
The land owner on which a building has been
• RULE WHEN LANDOWNER SELLS LAND constructed in good faith by another has the option to
TO A 3RD PERSON WHO IS IN BAD FAITH buy the building or sell his land to the builder, he
When 3rd person is in bad faith, the builder cannot refuse to exercise either option.
must go against him, but when the 3rd person
paid the landowner, the builder may still file a Depra v Dumlao 136 SCRA 475 (1985)
case against him but the 3rd person may file a Owner of the land on which improvement
rd party complaint against landowner was built by another in good faith is entitled to
removal of improvement only after landowner has
opted to sell the land and the builder refused to pay
RULE WHEN THREE PARTIES ARE INVOLVED: for the same.
Parties Where the land’s value is considerably more
1. land owner (LO) than the improvement, the landowner cannot compel
2. builder, planter, sower (builder) the builder to buy the land. In such event, a “forced
3. owner of materials (OM) lease” is created and the court shall fix the terms
• The rights of the LO and the builder are thereof in case the parties disagree thereon.
the same as that established by the
preceding tables
Ballatan v CA 304 SCRA 34 (1999)
• Rights of OM
The right to choose between appropriating
a. Bad faith – he loses all rights to be
the improvement or selling the land on which the
indemnified. Moreover, he can even
improvement of the builder, planter or sower stands,
be liable for consequential damages
is given to the owner of the land (and not the court)
(as when the materials are of an
inferior quality)
b. Good faith – he is entitled to Art. 457. To the owners of lands adjoining the
reimbursement from the builder banks of rivers belong the accretion which they
principallyQuickTime™
since and it a was the builder gradually receive from the effects of the current
whoTIFFare
first made
(Uncompressed) use of the materials.
decompressor of the waters.
needed to see this picture.
In case of insolvency on the part of Art. 458. The owners of estates adjoining ponds
the builder, the LO is subsidiarily or lagoons do not acquire the land left dry by the
liable, if he makes use of the natural decrease of the waters, or lose that
materials. inundated by them in extraordinary floods.
Art. 459. Whenever the current of a river, creek or
RULE: OM bad faith, Builder bad faith, LO good torrent segregates from an estate on its bank a
faith known portion of land and transfers it to another
1. as between OM and Builder, good faith must estate, the owner of the land to which the
govern. Builder must reimburse OM, but in segregated portion belonged retains the
Page 50 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ownership of it, provided that he removes the NO. The rules on alluvion do not apply to
same within two years. man-made or artificial accretions to lands that adjoin
canals or esteros or artificial drainage system.
ALLUVIUM is the soil imperceptibly and gradually AVULSION is the process whereby a portion of a
deposited on lands adjoining the banks of rivers land is segregated from an estate by the current of a
caused by the current of the water. river, creek or torrent and transferred to another
estate.
ACCRETION is the process whereby the soil is so
deposited ESSENTIAL ELEMENTS OF AVULSION:
1. The segregation and transfer must be
ESSENTIAL ELEMENTS OF ALLUVIUM: (AGA) caused by the current of a river, creek or
1. Result of the action of the waters of the river torrent
(or sea) 2. Sudden or abrupt
2. Deposit of soil or sediment be gradual and 3. Portion of land must be known or identifiable
imperceptible
3. the land where accretion takes place is NOTE: the former owner preserves his ownership of
adjacent to the banks of ricer (or the sea the segregated portion provided he removes (not
coast) merely claims) the portion within 2 years.
Viajar v CA 168 SCRA 405 (1988) Art. 460. Trees uprooted and carried away by the
Registration under the Torrens System does current of the waters belong to the owner of the
not protect the riparian owner against the dimunition land upon which they may be cast, if the owners
of the area of his registered land through gradual do not claim them within six months. If such
changes in the course of an adjoining stream. owners claim them, they shall pay the expenses
incurred in gathering them or putting them in a
Reynante v CA 207 SCRA 794 (1992) safe place.
FACTS: Art. 461. River beds which are abandoned
Petitioner, as tenant of the private through the natural change in the course of the
respondent, has been in possession of the subject waters ipso facto belong to the owners whose
lots for more than 50 years. Such lots were not lands are occupied by the new course in
included in the TCT of PR. Private respondent proportion to the area lost. However, the owners
claims that such lots were created by alluvial of the lands adjoining the old bed shall have the
formation and hence their property as the riparian right to acquire the same by paying the value
owner. thereof, which value shall not exceed the value of
the area occupied by the new bed.
ISSUE:
W/n the disputed land belongs to PR as a
result of accretion CHANGE OF RIVERBED
REQUISITES:
1. change must be sudden in order that the old
HELD:
NO. There is no automatic registration. river bed may be identified
Failure to register the acquired alluvial deposit by 2. the changing of the course must be more or
less permanent, and not temporary
accretion for 50 years subjected said accretion to
overflooding another’s land
acquisition through prescription by third persons.
QuickTime™ and a
TIFF (Uncompressed) decompressor
3. the change must be a natural one, i.e.
are needed to see this picture. caused by natural forces
Ronquillo v CA 195 SCRA 433 (1991) 4. there must be a definite abandonment by the
ISSUE: government
w/n the dried up portion of Estero Calublub 5. the river must continue to exist, that is, it
was caused by natural change and therefore subject must not completely dry up or disappear.
of accretion
RIGHT OF OWNER OF LAND OCCUPIED BY NEW
Held: RIVER COURSE:
Page 51 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
1. Right to old bed ipso facto in proportion to • Island shall pertain and belong to the owners
area lost of the margins or banks of the river nearest
2. Owner of adjoining land to old bed shall have to each of them.
right to acquire the same by paying its value • If in the middle of the river – it shall be
– value not to exceed the value of area divided longitudinally in halves
occupied by new bed
Art. 466. Whenever two movable things belonging
to different owners are, without bad faith, united
Art. 462. Whenever a river, changing its course by in such a way that they form a single object, the
natural causes, opens a new bed through a owner of the principal thing acquires the
private state, this bed shall become of public accessory, indemnifying the former owner
dominion. thereof for its value
• If a river changes its course and opens a new ADJUNCTION OR CONJUNCTION is a process
bed, this bed becomes of public dominion whereby two movable things owned by different
even if it is on private property. persons are joined together without bad faith, in such
• The new river banks created shall likewise be a way that they form a single object
of public dominion.
• The new river bed may itself be abandoned, CLASSES OF ADJUNCTION: (ISTEP)
due to natural or artificial causes authorized 1. Inclusion (engraftment) – such as setting a
by law. In such case, the owners will get precious stone on a golden ring
back this previous property if the course of 2. Soldadura (soldering) – such as joining a
the river reverts back to its original place. piece of metal to another metal
• River may be navigable or non-navigable. a. Feruminatio – same metal
b. Plumbatura – different metals
Art. 463. Whenever the current of a river divides 3. Tejido (weaving)
itself into branches, leaving a piece of land or 4. Escritura (writing)
part thereof isolated, the owner of the land 5. Pintura (painting)
retains his ownership. He also retains it if a
portion of land is separated from the estate by • The owner of the principal, who by law
the current. becomes the owner of the resulting object,
Art. 464. Islands which may be formed on the will indemnify the owner of the accessories
seas within the jurisdiction of the Philippines, on for the values thereof.
lakes, and on navigable or floatable rivers belong
to the State. Art. 467. The principal thing, as between two
Art. 465. Islands which through successive things incorporated, is deemed to be that to
accumulation of alluvial deposits are formed in which the other has been united as an ornament,
non-navigable and non-floatable rivers, belong to or for its use or perfection.
the owners of the margins or banks nearest to Art. 468. If it cannot be determined by the rule
each of them, or to the owners of both margins if given in the preceding article which of the two
the island is in the middle of the river, in which things incorporated is the principal one, the thing
case it shall be divided longitudinally in halves. If of the greater value shall be so considered, and
a single island thus formed be more distant from as between two things of equal value, that of the
one margin than from the other, the owner of the greater volume.
nearer margin shall be the sole owner thereof. In painting and sculpture, writings,
QuickTime™ and a
TIFF (Uncompressed) decompressor printed matter, engraving and lithographs, the
are needed to see this picture.
ISLAND BELONGS TO THE STATE: board, metal, stone, canvas, paper or parchment
1. On seas within the jurisdiction of the shall be deemed the accessory thing.
Philippines
2. on lakes THE PRINCIPAL IS THAT:
3. on navigable or floatable rivers 1. To which the accessory has been united as
ornament or for its use or perfection
ISLAND FORMED IN NON-NAVIGABLE OR NON- 2. Of greater value, if they are of unequal value
FLOATABLE RIVERS 3. Of greater volume, if they are of equal value
4. That of greater merits.
Page 52 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 53 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Without stipulation, each acquires a right or 3. OM cannot appropriate if the value of the
interest in proportion to the value of his work is considerably more than the value of
material the material due to artistic or scientific
2. Mixture caused by an owner in GF or by importance
chance – each share shall still be in
proportion to the value of their thing COMPARISON OF THE 3 TYPES OF ACCESSION
3. Mixture caused by owner in BF – the actor OF MOVABLES
forfeits his thing and is liable for damages Adjunction Mixture Specification
Involves at Involves Involves at
Art. 474. One who in good faith employs the least 2 at least 2 least 2 things
material of another in whole or in part in order to things things
make a thing of a different kind, shall appropriate As a rule, As a rule, As a rule,
the thing thus transformed as his own, accessory co- accessory
indemnifying the owner of the material for its follows ownership follows
value. principal results principal
If the material is more precious than the The things May either The new
transformed thing or is of more value, its owner joined retain retain or object retains
may, at his option, appropriate the new thing to their nature lose or preserves
himself, after first paying indemnity for the value respective the nature of
of the work, or demand indemnity for the natures the original
material. object
If in the making of the thing bad faith
intervened, the owner of the material shall have NOTE: See property annexes
the right to appropriate the work to himself
without paying anything to the maker, or to
demand of the latter that he indemnify him for the QUIETING OF TITLE
value of the material and the damages he may
have suffered. However, the owner of the material Art. 476. Whenever there is a cloud on title to real
cannot appropriate the work in case the value of property or any interest therein, by reason of any
the latter, for artistic or scientific reasons, is instrument, record, claim, encumbrance or
considerably more than that of the material. proceeding which is apparently valid or effective
Art. 475. In the preceding articles, sentimental but is in truth and in fact invalid, ineffective,
value shall be duly appreciated. voidable, or unenforceable, and may be
prejudicial to said title, an action may be brought
SPECIFICATION means the giving of a new form to to remove such cloud or to quiet the title.
a material belonging to another person through the An action may also be brought to prevent
application of labor or industry. a cloud from being cast upon title to real property
or any interest therein.
RULES: Art. 477. The plaintiff must have legal or equitable
1. When the maker (considered principal) is in title to, or interest in the real property which is
GF the subject matter of the action. He need not be in
a. Appropriate but must indemnify the possession of said property.
owner of the material Art. 478. There may also be an action to quiet title
b. May not appropriate – material or remove a cloud therefrom when the contract,
transformed is worth more than the instrument or other obligation has been
new thing.QuickTime™ The OM and amay: extinguished or has terminated, or has been
i.TIFFare(Uncompressed)
appropriate decompressor
the new thing
needed to see this picture. barred by extinctive prescription.
subject to the payment of the Art. 479. The plaintiff must return to the
value of the work, or defendant all benefits he may have received from
ii. demand indemnity for the the latter, or reimburse him for expenses that
material with damages may have redounded to the plaintiff's benefit.
2. When the maker is in BF Art. 480. The principles of the general law on the
a. OM can appropriate the work without quieting of title are hereby adopted insofar as
paying for the labor or industry they are not in conflict with this Code.
b. OM can demand indemnity plus
damages
Page 54 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Art. 481. The procedure for the quieting of title or 1. of an instrument (deed or contract) or record
the removal of a cloud therefrom shall be or claim or encumbrance or proceeding
governed by such rules of court as the Supreme 2. which is APPARENTLY valid or effective
Court shall promulgated. 3. BUT is, in truth and in fact, invalid,
ineffective, voidable, or unenforceable, or
extinguished (or terminated) or barred by
REASONS:
1. prevent litigation extinctive prescription
2. protect true title & possession 4. AND may be prejudicial to the title
3. real interest of both parties which requires
that precise state of title be known DISTINCTIONS BETWEEN ACTION FOR
QUIETING OF TITLE AND ACTION FOR
REMOVAL OF CLOUD:
ACTION TO QUIET TITLE
Basis Action to Quiet Action to
• put end to vexatious litigation in respect to
Title Remove Cloud
property involved; plaintiff asserts his own
estate & generally declares that defendant’s 1 Purpose Put an end to Procure
claim is w/o foundation vexatious cancellation,
litigation in release of an
• remedial
respect to the instrument,
• Not suits in rem nor personam but suits
property encumbrance or
against a particular person or persons in
concerned claim in the
respect to the res (quasi in rem)
plaintiff’s title-
• May not be brought for the purpose of which affects the
settling a boundary disputes title or enjoyment
• Applicable to real property or any interest of the property
therein. The law, however, does not exclude 2 Nature Plaintiff asserts Plaintiff declares
personal property from actions to quiet title. own claim and his own claim
• An action to quiet title brought by the person declares that the and title, and at
in possession of the property is claim of the the same time
IMPRESCRIPTIBLE. defendant is indicates the
• If he is not in possession, he must invoke his unfounded and source and
remedy within the prescriptive period. calls on the nature of the
defendant to defendant’s
CLASSIFICATION: justify his claim claim, pointing its
1. Remedial action – one to remove cloud on on the property defects and prays
title that the same for the
2. Preventive action – on to prevent the casting may be declaration of its
of a (threatened ) cloud on the title. determined by invalidity
the court
ACTION TO REMOVE CLOUD
• intended to procure cancellation, delivery, RUINOUS BUILDINGS AND TREES IN DANGER
release of an instrument, encumbrance, or OF FALLING
claim constituting a on plaintiff’s title which
may be used to injure or vex him in the
enjoyment of his title Art. 482. If a building, wall, column, or any other
• preventive construction is in danger of falling, the owner
• Cloud – any instrument which is inoperative shall be obliged to demolish it or to execute the
but has semblance QuickTime™ and a
of title necessary work in order to prevent it from falling.
TIFF (Uncompressed) decompressor
REQUISITES
are needed to see this picture. If the proprietor does not comply with this
1. Plaintiff must have legal or equitable obligation, the administrative authorities may
interest order the demolition of the structure at the
2. Need not be in possession of property expense of the owner, or take measures to insure
3. Return to defendant all benefits received public safety.
– he who wants justice must do justice Art. 483. Whenever a large tree threatens to fall in
such a way as to cause damage to the land or
EXISTENCE OF CLOUD: tenement of another or to travelers over a public
or private road, the owner of the tree shall be
Page 55 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
obliged to fell and remove it; and should he not 1. plurality of subjects – many owners
do so, it shall be done at his expense by order of 2. unity of material (indivision) of object of
the administrative authorities. ownership
3. recognition of ideal shares
Liability for damages:
1. collapse – engineer, architect or contractor CAUSES/SOURCES
2. collapse resulting from total or partial 1. law
damage; no repair made – owner; state may 2. contracts
compel him to demolish or make necessary 3. succession
work to prevent if from falling 4. fortuitous event/chance – commixtion
3. if no action – done by government at 5. occupancy – 2 persons catch a wild animal
expense of owner 6. donation
Juan F. Nakpil & Sons v. CA 144 SCRA 596 (1986) KINDS OF CO-OWNERSHIP:
FACTS: 1. Ordinary – right of partition exists
Early morning of Aug. 2 1968 an unusually 2. Compulsory – no right partition exists (party
strong earthquake hit Manila and its environs and the wall)
building in question sustained major damages. To 3. Legal – created by law
escape liability, the contractor and architect claim that 4. Contractual – created by contract
it was due to force majeure or and act of God. 5. Universal – over universal things (co-heirs)
6. Singular or Particular – over particular or
ISSUE: specific thing
w/n the contractor and architect are liable 7. Incidental – exists independently of the will of
the parties
HELD:
YES. Having made substantial deviations DISTINGUISHED FROM PARTNERSHIP
from the plans and specifications, having failed to Co-Ownership Partnership
observe requisite workmanship in construction, and Legal No legal Has legal or
the architect made plans that contain defects and personality personality juridical
inadequacy, both contractor and architect cannot personality
escape liability. To constitute an act of god the Source Created by Created by
following must concur: 1) the cause of the breach of contract or contract only
obligation must be independent of the will of the other things (express or
debtor 2) the event must be either unforeseeable or implied)
unavoidable 3) the event must be such as to render it Purpose Collective Profit
impossible for the debtor to fulfill his obligation in a enjoyment of a
normal manner 4) the debtor must be free form any thing
participation in, or aggravation of the injury to the Term Agreement for No term limit
creditor. it to exist for 10 set by law
years – valid (If
more than 10
Title III - CO-OWNERSHIP years, the
excess is void)
Art. 484. There is co-ownership whenever the
(NOTE: 20
ownership of an undivided thing or right belongs
years is the
to different persons. QuickTime™ and a
TIFF (Uncompressed) decompressor maximum if
In default of contracts,
are needed to see this picture.or of special
imposed by
provisions, co-ownership shall be governed by
the testator
the provisions of this Title.
or donee of
the common
CO-OWNERSHIP is that form of ownership which property)
exists whenever an undivided thing or right belongs Representation As a rule, no As a rule,
to different persons. mutual there is
representation mutual
REQUISITES: representatio
Page 56 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 57 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
9. Right to alienate, assign or mortgage own co-owners is clearly prejudicial to the common
part; except personal rights like right to use interest, the courts may afford adequate relief.
and habitation Art. 492. For the administration and better
10. Right to ask for partition anytime enjoyment of the thing owned in common, the
11. Right of pre-emption resolutions of the majority of the co-owners shall
12. Right of redemption be binding.
There shall be no majority unless the
Mariano v CA 222 SCRA 736 (1993) resolution is approved by the co-owners who
Redemption of the whole property by a co- represent the controlling interest in the object of
owner does not vest in him sole ownership over said the co-ownership.
property. Redemption within the period prescribed by Should there be no majority, or should the
law by a co-owner will inure to the benefit of all co- resolution of the majority be seriously prejudicial
owners. Hence, it will not put an end to existing co- to those interested in the property owned in
ownership. common, the court, at the instance of an
interested party, shall order such measures as it
13. Right to be adjudicated thing (subject to right may deem proper, including the appointment of
of others to be indemnified) an administrator.
14. Right to share in proceeds of sale of thing if Whenever a part of the thing belongs exclusively
thing is indivisible and they cannot agree that to one of the co-owners, and the remainder is
it be allotted to one of them owned in common, the preceding provision shall
apply only to the part owned in common. (398)
Art. 493. Each co-owner shall have the full
Art. 489. Repairs for preservation may be made at
ownership of his part and of the fruits and
the will of one of the co-owners, but he must, if
benefits pertaining thereto, and he may therefore
practicable, first notify his co-owners of the
alienate, assign or mortgage it, and even
necessity for such repairs. Expenses to improve
substitute another person in its enjoyment,
or embellish the thing shall be decided upon by a
except when personal rights are involved. But the
majority as determined in Article 492.
effect of the alienation or the mortgage, with
Art. 490. Whenever the different stories of a
respect to the co-owners, shall be limited to the
house belong to different owners, if the titles of
portion which may be alloted to him in the
ownership do not specify the terms under which
division upon the termination of the co-
they should contribute to the necessary
ownership.
expenses and there exists no agreement on the
subject, the following rules shall be observed:
(1) The main and party walls, the roof and Art. 494. No co-owner shall be obliged to remain
the other things used in common, shall be in the co-ownership. Each co-owner may demand
preserved at the expense of all the owners in at any time the partition of the thing owned in
proportion to the value of the story belonging to common, insofar as his share is concerned.
each; Nevertheless, an agreement to keep the
(2) Each owner shall bear the cost of thing undivided for a certain period of time, not
maintaining the floor of his story; the floor of the exceeding ten years, shall be valid. This term may
entrance, front door, common yard and sanitary be extended by a new agreement.
works common to all, shall be maintained at the A donor or testator may prohibit partition
expense of all the owners pro rata; for a period which shall not exceed twenty years.
(3) The stairs from the entrance to the first Neither shall there be any partition when it is
story shall be maintained at the expense of all the prohibited by law.
owners pro rata, with the exception
QuickTime™ and a of the owner No prescription shall run in favor of a co-
TIFF (Uncompressed) decompressor
of the ground floor; the
are stairs
needed from
to see this picture. the first to the owner or co-heir against his co-owners or co-
second story shall be preserved at the expense of heirs so long as he expressly or impliedly
all, except the owner of the ground floor and the recognizes the co-ownership.
owner of the first story; and so on successively. Art. 495. Notwithstanding the provisions of the
Art. 491. None of the co-owners shall, without the preceding article, the co-owners cannot demand
consent of the others, make alterations in the a physical division of the thing owned in
thing owned in common, even though benefits for common, when to do so would render it
all would result therefrom. However, if the unserviceable for the use for which it is intended.
withholding of the consent by one or more of the But the co-ownership may be terminated in
accordance with Article 498.
Page 58 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Art. 496. Partition may be made by agreement 8. After partition, duty to render mutual
between the parties or by judicial proceedings. accounting of benefits and reimbursements
Partition shall be governed by the Rules of Court for expenses
insofar as they are consistent with this Code.
(402) RIGHTS TO 3RD PARTIES
Art. 497. The creditors or assignees of the co- 1. creditors of assignees may take part in
owners may take part in the division of the thing division and object if being effected without
owned in common and object to its being their concurrence, but cannot impugn unless
effected without their concurrence. But they there is fraud or made notwithstanding their
cannot impugn any partition already executed, formal opposition
unless there has been fraud, or in case it was 2. non-intervenors – retain rights of mortgage
made notwithstanding a formal opposition and servitude and other real rights and
presented to prevent it, without prejudice to the personal rights belonging to them before
right of the debtor or assignor to maintain its partition was made
validity.
Art. 498. Whenever the thing is essentially PARTITION:
indivisible and the co-owners cannot agree that it General Rule: No co-owner shall be obliged to
be allotted to one of them who shall indemnify remain in the co-ownership. Each co-owner
the others, it shall be sold and its proceeds may at any time demand the partition of the
distributed. thing owned in common, insofar as his share
Art. 499. The partition of a thing owned in is concerned.
common shall not prejudice third persons, who Exception: When a co-owner may not
shall retain the rights of mortgage, servitude or successfully demand a partition
any other real rights belonging to them before the 1. if by agreement ( for a period not
division was made. Personal rights pertaining to exceeding 10 years) partition is
third persons against the co-ownership shall also prohibited
remain in force, notwithstanding the partition. 2. when partition is prohibited by a donor
or testator (for a period not exceeding
20 years) – from whom the property
DUTIES/ LIABILITIES
1. Share in charges proportional to respective came
interest; stipulation to contrary is void 3. when partition is prohibited by laws
4. when a physical partition would render
2. Pay necessary expenses and taxes – may be
exercised by only one co-owner the property unserviceable, but in this
3. Pay useful and luxurious expenses – if case, the property may be allotted to
one of the co-owners, who shall
determined by majority
4. Duty to obtain consent of all if thing is to be indemnify the others, or it will be sold,
and the proceeds distributed
altered even if beneficial; resort to court if
non-consent is manifestly prejudicial 5. when the legal nature of the common
5. Duty to obtain consent of majority with property does not allow partition
regards to administration and better
enjoyment of the thing; controlling interest; REQUISITES OF REPUDIATION:
court intervention if prejudicial – appointment 1. Unequivocal acts of repudiation of the co-
ownership amounting to an ouster of the
of administrator
6. No prescription to run in favor co-owner as other co-owners
long as he recognizes the co-ownership; 2. positive acts of repudiation have been made
known
requisites for acquisition
QuickTime™through
and a prescription
a. he TIFFare(Uncompressed)
has decompressor 3. the evidence is clear and conclusive
needed to seerepudiated
this picture. through
unequivocal acts 4. open, continuous, exclusive, notorious
possession
b. such act of repudiation is made
known to other co-owners
c. evidence must be clear and PRESCRIPTION
convincing • General Rule: Prescription does not adversely
7. Co-owners cannot ask for physical division if affect a co-owner or co-heir. A co-owner cannot
it would render thing unserviceable; but can acquire the whole property as against the other
terminate co-ownership co-owners
Page 59 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Paulmitan v CA 215 SCRA 866 (1992) WHAT CAN BE SUBJECT OF POSSESSION things
Even if a co-owner sells the whole property or rights which are susceptible of being appropriated
as his, the sale will affect only his own share but not
those of the other co-owners who did not consent to DEGREES OF POSSESSION:
the sale. 1. holding w/o title and in violation of right of
A sale of the entire property by one co-owner owner (grammatical degree)
without the consent of the other co-owners is not null Ex. possession of a thief
and void but affects only his undivided share and the 2. possession with juridical title but not that of
transferee gets only what would correspond to his owner (juridical possession)
grantor in the partition of the thing owned in common. Ex. that of a lessee, pledge, depositary
3. possession with just title but not from true
owner (also called the possessory right)
Art. 500. Upon partition, there shall be a mutual
Ex. A in good faith buys a car from B who
accounting for benefits received and
delivers the same to A but B merely
reimbursements for expenses made. Likewise,
pretended to be the owner
each co-owner shall pay for damages caused by
4. possession with just title from true owner
reason of his negligence or fraud.
Art. 501. Every co-owner shall, after partition, be
liable for defects of title and quality of the portion Art. 524. Possession may be exercised in one's
assigned to each of the other co-owners. own name or in that of another.
Art. 525. The possession of things or rights may
be had in one of two concepts: either in the
OBLIGATIONS OF CO-OWNERS UPON
concept of owner, or in that of the holder of the
PARTITION
thing or right to keep or enjoy it, the ownership
1. Mutual accounting of benefits received, for
pertaining to another person.
the fruits and other benefits of the thing
belonging to all co-owners.
2. Mutual reimbursements for necessary
expenses. ACQUISITION OF POSSESSION FROM THE
3. Indemnity for damages caused by reason of VIEWPOINT OF WHO POSSESSES:
negligence or fraud 1. Personal
4. Reciprocal warranty for defects of title or Requisites:
quality of the portion assigned to co-owner. a. Intent to possess
b. Capacity to possess
c. Object must be capable of being
Title V: POSSESSION possessed
2. thru authorized person (agent or legal
representative)
Art. 523. Possession is the holding of a thing or
Requisites:
the enjoyment of a right.
a. intent to possess for principal (not for
agent)
POSSESSION is the holding of a thing or enjoyment b. authority or capacity to possess (for
of a right QuickTime™ and a another)
TIFF (Uncompressed) decompressor
are needed to see this picture. c. principal has intent and capacity to
possess
REQUISITES: 3. thru Unauthorized person (but only if
1. occupancy – actual or constructive (corpus) subsequently ratified)
2. intent to possess (animus possidendi) Requisites:
3. must be by virtue of one’s own right a. intent to possess for another (the
principal)
EXTENT OF POSSESSION: b. capacity of “principal” to possess
1. physical/actual – occupancy in fact of the c. ratification by principal
whole or at least substantially the whole
Page 60 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 61 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 62 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
forcible entry, a writ of preliminary mandatory proceeds as indemnity for his part of
injunction to restore him in his possession. The expenses; if possessor in good faith refuses
court shall decide the motion within thirty (30) – barred from indemnification in other
days from the filing thereof. manner
Art. 540. Only the possession acquired and 8. Possessor has right to be indemnified for
enjoyed in the concept of owner can serve as a necessary expenses whether in good faith or
title for acquiring dominion. in bad faith; Possessor in good faith has right
Art. 541. A possessor in the concept of owner has of retention over thing unless necessary
in his favor the legal presumption that he expenses paid by owner
possesses with a just title and he cannot be 9. Possessor in good faith has right to be
obliged to show or prove it. reimbursed for useful expenses with right of
Art. 542. The possession of real property retention; owner has option of paying
presumes that of the movables therein, so long expenses or paying the increase in value of
as it is not shown or proved that they should be property which thing acquired by reason of
excluded. useful expenses
Art. 543. Each one of the participants of a thing 10. Possessor in good faith may remove
possessed in common shall be deemed to have improvements if can be done w/o damage to
exclusively possessed the part which may be principal thing- unless owner exercises
allotted to him upon the division thereof, for the option of paying; possessor in bad faith not
entire period during which the co-possession entitled.
lasted. Interruption in the possession of the 11. Possessor in good faith and bad faith may
whole or a part of a thing possessed in common not be entitled to payment for luxurious
shall be to the prejudice of all the possessors. expense but may remove them provided
However, in case of civil interruption, the Rules of principal is not injured – provided owner does
Court shall apply. not refund the amount expended
12. Improvements caused by nature or time to
RIGHTS OF POSSESSION: inure to the benefit of person who has
1. Right to be respected in his possession; if succeeded in recovering possession
disturbed – protected by means established 13. Wild animals possessed while in one’s
by law; spoliation control; domesticated – possessed if they
2. Possession acquired and enjoyed in concept retain habit of returning back home
of owner can serve as title for acquisitive 14. One who recovers, according to law,
prescription possession unjustly lost is deemed to have
a. Possession has to be in concept of enjoyed it w/o interruption
owner, public, peaceful and
uninterrupted Art. 544. A possessor in good faith is entitled to
b. Title short of ownership the fruits received before the possession is
3. Person in concept of owner has in his favor legally interrupted.
the legal presumption of just title (prima Natural and industrial fruits are
facie) considered received from the time they are
4. Possession of real property presumes that gathered or severed.
movables are included Civil fruits are deemed to accrue daily and
5. Co-possessors deemed to have exclusively belong to the possessor in good faith in that
possessed part which may be allotted to him; proportion.
interruption in whole or in part shall be to the Art. 545. If at the time the good faith ceases, there
prejudice of all QuickTime™ and a should be any natural or industrial fruits, the
6. Possessor TIFF
inare(Uncompressed)
good faith entitled to fruits
decompressor
needed to see this picture.
possessor shall have a right to a part of the
received before possession is legally expenses of cultivation, and to a part of the net
interrupted ( natural and industrial – gathered harvest, both in proportion to the time of the
or severed; civil – accrue daily ) possession.
7. Possessor in good faith entitled to part of net The charges shall be divided on the same
harvest and part of expenses of cultivation if basis by the two possessors.
there are natural or industrial fruits ( The owner of the thing may, should he so
proportionate to time of possession ); owner desire, give the possessor in good faith the right
has option to require possessor to finish to finish the cultivation and gathering of the
cultivation and gathering of fruits and give net growing fruits, as an indemnity for his part of the
Page 63 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
expenses of cultivation and the net proceeds; the Art. 553. One who recovers possession shall not
possessor in good faith who for any reason be obliged to pay for improvements which have
whatever should refuse to accept this ceased to exist at the time he takes possession of
concession, shall lose the right to be indemnified the thing.
in any other manner.
Art. 546. Necessary expenses shall be refunded
to every possessor; but only the possessor in
If in Good Faith If in Bad Faith
good faith may retain the thing until he has been
Useful 1. right to The possessor
reimbursed therefor.
expenses reimbursement of in bad faith is
Useful expenses shall be refunded only to
either the amount not entitled to
the possessor in good faith with the same right of
spent or the any right
retention, the person who has defeated him in the
increase in value regarding the
possession having the option of refunding the
– “plus value” – useful
amount of the expenses or of paying the increase
at owner’s option expenses. A
in value which the thing may have acquired by
(art. 546) builder or
reason thereof.
2. right of retention possessor in
Art. 547. If the useful improvements can be
until paid bad faith is not
removed without damage to the principal thing,
3. right of removal entitled to
the possessor in good faith may remove them,
(provided no indemnity for
unless the person who recovers the possession
substantial any useful
exercises the option under paragraph 2 of the
damage or injury improvement
preceding article.
is caused to the on the
Art. 548. Expenses for pure luxury or mere
principal, premises
pleasure shall not be refunded to the possessor
reducing its because of Art.
in good faith; but he may remove the ornaments
value) – UNLESS 449
with which he has embellished the principal thing
the winner
if it suffers no injury thereby, and if his successor
(owner or lawful
in the possession does not prefer to refund the
possessor)
amount expended.
exercises the
Art. 549. The possessor in bad faith shall
option in (1)
reimburse the fruits received and those which the
Luxurious or In general, no right to In general, no
legitimate possessor could have received, and
Ornamental refund or retention right of refund
shall have a right only to the expenses mentioned
Expenses but can remove if no or retention but
in paragraph 1 of Article 546 and in Article 443.
substantial injury is can remove if
The expenses incurred in improvements for pure
caused. However, no substantial
luxury or mere pleasure shall not be refunded to
owner has OPTION injury is
the possessor in bad faith, but he may remove
to allow: caused.
the objects for which such expenses have been
a. possessor to However,
incurred, provided that the thing suffers no injury
remove owner has
thereby, and that the lawful possessor does not
b. or retain for OPTION to
prefer to retain them by paying the value they
himself (the allow:
may have at the time he enters into possession.
owner) the 1. possessor
Art. 550. The costs of litigation over the property
ornament by to remove
shall be borne by every possessor. (n)
refunding the 2. or retain for
Art. 551. Improvements caused by nature or time
amount spent himself (the
shall always insure to the benefit of the person
(art. 548) owner) the
who has succeeded inQuickTime™
recovering
TIFF (Uncompressed)
and a
decompressor possession.
are needed to see this picture. ornament
(456)
by
Art. 552. A possessor in good faith shall not be
refunding
liable for the deterioration or loss of the thing
the value it
possessed, except in cases in which it is proved
has at the
that he has acted with fraudulent intent or
time owner
negligence, after the judicial summons.
enters into
A possessor in bad faith shall be liable for
possession
deterioration or loss in every case, even if caused
(art. 549)
by a fortuitous event.
Page 64 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 65 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 66 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 67 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 68 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
the proportionate share of the rent that must be the terms and conditions of the
paid by the lessee. (473) usufruct, if for instance, the usufruct
Art. 569. Civil fruits are deemed to accrue daily, came about because of contract)
and belong to the usufructuary in proportion to • BUT without prejudice to the right of
the time the usufruct may last. (474) 3rd persons. (thus, if the fruits had
Art. 570. Whenever a usufruct is constituted on been planted by a possessor in good
the right to receive a rent or periodical pension, faith, the pending crop expenses and
whether in money or in fruits, or in the interest on charges shall be pro-rated between
bonds or securities payable to bearer, each said possessor and the usufructuary)
payment due shall be considered as the proceeds ii. fruits pending at the termination of
or fruits of such right. usufruct
Whenever it consists in the enjoyment of • belong to the owner
benefits accruing from a participation in any • BUT the owner must reimburse the
industrial or commercial enterprise, the date of usufructuary for ordinary cultivation
the distribution of which is not fixed, such expenses and for seeds and similar
benefits shall have the same character. expenses, from the proceeds of the
In either case they shall be distributed as fruits. (Hence, the excess of
civil fruits, and shall be applied in the manner expenses over the proceeds need not
prescribed in the preceding article. be reimbursed
Art. 571. The usufructuary shall have the right to 2. Right to hidden treasure as stranger
enjoy any increase which the thing in usufruct 3. Right to transfer usufructuary rights –
may acquire through accession, the servitudes gratuitous or onerous; but is co-terminus with
established in its favor, and, in general, all the term of usufruct; fruits proportionate at
benefits inherent therein. duration of usufruct; but can’t do acts of
Art. 572. The usufructuary may personally enjoy ownership such as alienation or conveyance
the thing in usufruct, lease it to another, or except when property is:
alienate his right of usufruct, even by a gratuitous a. consumable
title; but all the contracts he may enter into as b. intended for sale
such usufructuary shall terminate upon the c. appraised when delivered; if not
expiration of the usufruct, saving leases of rural appraised & consumable – return same
lands, which shall be considered as subsisting quality (mutuum)
during the agricultural year. 4. Right not exempt from execution and can be
sold at public auction by owner
5. Naked owner still have rights but w/o
USUFRUCTUARY prejudice to usufructuary; may still exercise
RIGHTS OF USUFRUCTUARY: JUS FRUENDI act of ownership –bring action to preserve
AND JUST UTENDI 6. Right to necessary expenses from cultivation
1. Right to civil, natural & industrial fruits of at end of usufruct
property 7. Right to enjoy accessions & servitudes in its
a. Civil Fruits accrue daily favor & all benefits inherent therein
i. Belong to the usufructuary in 8. Right to make use of dead trunks of fruit
proportion in proportion to the time the bearing trees & shrubs or those uprooted/cut
usufruct may last by accident but obliged to plant anew
ii. Both stock dividends and cash 9. Right of usufructuary of woodland – ordinary
dividends are considered civil fruits cutting as owner does habitually or custom of
b. Industrial and QuickTime™
Naturaland Fruits
a
place; cannot cut down trees unless it is for
i. fruitsTIFFpending at
(Uncompressed) the beginning of the
decompressor
are needed to see this picture.
the restoration of improvement of things in
usufruct usufruct – must notify owner first
• belong to the usufructuary 10. Right to leave dead, uprooted trees at the
• no necessity of refunding the owner disposal of owner with right to demand that
for expenses incurred, (for the owner owner should clear & remove them – if
gave the usufruct evidently without caused by calamity or extraordinary event –
any thought of being reimbursed for impossible to replace them
the pending fruits, or because the 11. Right to oblige owner to give authority &
value of said fruits must have already furnish him proofs if usufruct is extended to
been taken into consideration in fixing recover real property or real right
Page 69 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
12. Right to introduce useful & luxurious habit of doing, and in default of this, he may do
expenses but with no obligation of so in accordance with the custom of the place, as
reimbursement on part of owner; may to the manner, amount and season.
remove improvement if can be done w/o In any case the felling or cutting of trees
damage shall be made in such manner as not to prejudice
13. Right to set-off improvements against the preservation of the land.
damages he made against the property In nurseries, the usufructuary may make the
14. Right to administer when property is co- necessary thinnings in order that the remaining
owned; if co-ownership cease – usufruct of trees may properly grow.
part allotted to co-owner belongs to With the exception of the provisions of
usufructuary – not affected the preceding paragraphs, the usufructuary
15. Right to demand the increase in value of cannot cut down trees unless it be to restore or
property if owner did not spend for improve some of the things in usufruct, and in
extraordinary repairs when urgent & such case shall first inform the owner of the
necessary for preservation of thing necessity for the work.
Page 70 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
4. Take care of property as a good father of interest to usufructuary of net proceeds of the
family same
5. Liable for negligence & fault of person who
substitute him EXTINGUISHMENT OF USUFRUCT
6. If usufruct is constituted on animals – duty 1. death of usufructuary – unless contrary
bound to replace dead animals that die from intention appears
natural causes or became prey; if all of them 2. expiration of period of usufruct
perish w/o fault but due to contagious 3. merger of usufruct & ownership
disease / uncommon event – deliver remains 4. renunciation of usufructuary – express
saved; if perish in part due to accident – 5. total loss of thing
continue on remaining portion; if on sterile 6. termination of right of person constituting
animals – as if fungible – replace same kind usufruct
& quality 7. prescription – use by 3rd person
7. Obliged to make ordinary repairs – wear &
tear due to natural use of thing and are • loss in part – remaining part shall continue to
indispensable for preservation; owner may be held in usufruct
make them at expense of usufructuary – • usufruct cannot be constituted in favor of a
during existence of usufruct town, Corp or assoc. for more than 50 years
8. Obliged to make expenses due to his fault; • usufruct constituted on immovable whereby
cannot escape by renouncing usufruct a building is erected - & building is destroyed
9. Pay legal interest from extraordinary – right to make use of land & materials
expenses made by owner • if owner wishes to construct a new building –
10. Payment of expenses, charges & taxes pay usufructuary the value of interest of land
affecting fruits & materials
11. Payment of interest on amount paid by owner • both share in insurance if both pays
charges on capital premium; if only owner – then proceeds will
12. Obliged to notify owner of act of 3rd person go to owner only
prejudicial to rights of ownership – he is liable • effect if bad use of the thing – owner may
if he does not do so for damages – as if it demand the delivery of and administration of
was caused through his own fault the thing with responsibility to deliver net
13. Expenses, cost & liabilities in suits brought fruits to usufructuary
with regard to usufructuary – borne by • at termination of usufruct:
usufructuary
• thing to be delivered to owner with right of
retention for taxes & extraordinary expenses
NAKED OWNER
w/c should be reimbursed
RIGHTS OF NAKED OWNER
• security of mortgage shall be cancelled
1. Alienate thing
2. Can’t alter form or substance
3. Can’t do anything prejudicial to usufructuary
BOOK III. DIFFERENT MODES OF ACQUIRING
4. Construct any works and make any
OWNERSHIP
improvement provided it does not diminish
value or usufruct or prejudice right of
MODES OF ACQUIRING OWNERSHIP: (OLDTIPS)
usufructuary
1. Occupation
2. Law
OBLIGATIONS OF OWNER
3. Donation
1. extraordinary expenses; usufructuary obliged
QuickTime™ and a 4. Tradition
to inform owner when
TIFF (Uncompressed)urgent and there is the
decompressor
are needed to see this picture. 5. Intellectual Property
need to make them
6. Prescription
2. expenses after renunciation of usufruct
7. Succession
3. taxes & expenses imposed directly on capital
4. if property is mortgaged, usufructuary has no
MODES OF EXTINGUISING OWNERSHIP:
obligation to pay mortgage; if attached,
1. Absolute – all persons are affected
owner to be liable for whatever is lost by
a. Physical loss or destruction
usufructuary
b. Legal loss or destruction (when it
5. if property is expropriated for public use –
goes out of the commerce of man)
owner obliged to either replace it or pay legal
Page 71 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 72 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 73 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 74 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 75 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
w/regards to 3. between paramours/persons guilty of
personal adultery
support & 4. between parties guilty of same criminal
legitime Applicable Applicable Not offense
Applicable
Applicable 5. Made to public officers, wife, descendant,
e. warranty ascendant
against
eviction & OTHER PERSONS DISQUALIFIED TO RECEIVE
hidden In bad In bad faith Applies DONATIONS
defects
faith only only 1. priest who heard confession of donor during
In bad faith
only
his last illness
f. revocation 2. relatives of priest within 4th degree, church,
Applicable Applicable Applicable Applicable order, community where priest belongs
3. physician, nurse, etc. who took care of donor
during his last illness
2. From the viewpoint of the TAKING EFFECT
4. individuals, corporations, associations not
• Inter vivos – takes effect before the death
permitted
• in praesenti – to be delivered in futuro (also
considered inter vivos) WHAT MAY BE GIVEN:
• mortis causa • All or part of donor’s present property provided
he reserves sufficient means for the support of
3. From the viewpoint of OCCASION the ff:
• ordinary donation a. himself
• donation proper nuptias b. relatives who by law are entitled to his
support
4. from the viewpoint of OBJECT DONATED c. legitimes shall not be impaired
• corporeal property • when w/o reservation or if inofficious, may be
a. donation of real property reduced on petition of persons affected
b. donation of personal property • EXCEPT: conditional donation & donation mortis
• incorporeal property – donation of inalienable causa
rights • EXCEPT: future property
WHO MAY GIVE DONATIONS DOUBLE DONATIONS:
• All persons who may contract and dispose of Rule: Priority in time, priority in right
their property 1. If movable – one who first take possession in
good faith
WHO MAY ACCEPT DONATIONS 2. If immovable – one who recorded in registry
1. natural & juridical persons w/c are not of property in good faith
especially disqualified by law • no inscription, one who first took
2. minors & other incapacitated possession in good faith
a. by themselves • in absence thereof, one who can present
i. if pure & simple donation oldest title
ii. if it does not require written acceptance
b. by guardian, legal representatives if REVOCATION OF DONATIONS
needs written acceptance
• applies only to donation inter vivos
i. natural guardian – not more than
QuickTime™ and a • not applicable to onerous donations
50,000TIFF (Uncompressed) decompressor
are needed to see this picture.
ii. court appointed - more than 50,000
DONATIONS MADE BY PERSON WITHOUT
3. conceived & unborn child, represented by
CHILDREN OR DESCENDANTS AT TIME OF
person who would have been
DONATION:
guardian if already born
1. If donor should have legitimate, legitimated
or illegitimate children
WHO ARE DISQUALIFIED TO DONATE:
2. If child came out to be alive & not dead
1. guardians & trustees with respect to property
contrary to belief of donor
entrusted to them
3. If donor subsequently adopts a minor child
2. husband & wife
Page 76 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 77 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
3. If inter vivos, whether perfected or not (made a. apparent – make known and continually
known to the donor). If no perfection, kept in view by external signs that reveal
donation is void. the use and enjoyment of the same
4. If perfected, check for the capacity of the Ex. right of way when there is an alley or
donor to give and the donee to receive. If no a permanent path
capacity, donation is void b. non-apparent – they show no external
5. Compliance with Art 748 (movable) and 749 indication of their existence
(immovable) of NCC. Non-compliance, Ex. easement of not building to more
donation is void than certain height
Page 78 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
easement along Mangyan Road, but merely declaring • Use of any water by anyone can be disposed by
the existence of one created by the manifest will of having the water flow through the intervening
the parties herein in recognition of autonomy of estates but is obliged to do the following:
contracts. 1. prove that he can dispose of the water that is
sufficient for the use for which it is intended
ESSENTIAL QUALITIES OF EASEMENTS: 2. show that the proposed right of way is the
1. incorporeal most convenient and least onerous to 3rd
2. imposed upon corporeal property persons
3. confer no right to a participation in the profits 3. indemnify the owner
arising from it • Easement of aqueduct is continuous and
4. imposed for the benefit of corporeal apparent even though the flow of water may not
5. has 2 distinct tenements – dominant and be continuous
servient estate
6. cause must be perpetual EASEMENT OF RIGHT OF WAY
• Right granted to a person or class of persons to
LEGAL EASEMENTS are those imposed by law pass over the land of another by using a
having for their object either public use of the interest particular pathway therein, to reach the former’s
If private persons. They shall be governed by the estates, which have no adequate outlet to a
special laws and regulations relating thereto, and in public highway subject, however to payment of
the absence thereof, by the Civil Code. indemnity to the owner of the land burdened by
the right
KINDS: (WRPL DIAL) • REQUISITES:
1. Easement Relating to Waters 1. the dominant estate must be surrounded by
2. Easement of Right of Way other immovables, and which has no
3. Easement of Party Wall adequate outlet to a public highway
4. Easement of Light and View 2. Payment of proper indemnity
5. Drainage of Building 3. Isolation should not be due to the proprietor’s
6. Intermediate Distances and Works for own acts
Certain Constructions and Plantings 4. Right of way claimed is at a point least
7. Easement Against Nuisance prejudicial to the servient estate, and insofar
8. Lateral and Subjacent Support as consistent with this rule, the distance of
the dominant estate to a public highway may
EASEMENT RELATING TO WATERS be the shortest.
• lower estates are obliged to receive the waters • not compulsory if the isolation of the
which naturally and without the intervention of immovable is due to the proprietor’s own acts
man descend from the higher estates, as well as • Right of Way is granted without indemnity if
stones or earth which they carry with them land was acquired by and is surrounded by
• cannot construct works which will impede the the other estates of the vendor, exchanger or
easement; neither can the owner of the higher co-owner through:
estate make works which will increase the burden a. Sale
• banks of rivers and streams, although of private b. Exchange
ownership, are subject throughout their entire c. partition
length and within a zone of 3 meters along their • EXTINGUISHMENT: Legal or compulsory right
margins, to the easement of public use in the of way
general interest of navigation, floatage, fishing 1. when the dominant estate is joined to
and salvage QuickTime™ and a another estate (such as when the dominant
TIFF (Uncompressed) decompressor
• estates adjoiningare the
needed banks of navigable and
to see this picture. owner bought an adjacent estate) which is
floatable rivers are, subject to the easement of abutting a public road, the access being
towpath, for the exclusive service of river adequate and convenient
navigation and floatage 2. when a new road is opened giving access to
• compulsory easements for drawing of water and the isolated estate
for watering animals can be imposed for reasons o both cases: must substantially meet
of public use in favor of a town or village, after the needs of the dominant estate.
payment of the proper indemnity Otherwise, the easement may not be
extinguished.
Page 79 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
• Extinguishment not ipso facto In all these cases, the ownership is deemed to
• If extinguished, must return the amount received belong exclusively to the owner of the property which
as indemnity to the dominant owner without any has in its favor the presumption based on any of
interest. Interest shall be deemed in payment for these signs.
the rent.
• Easement for the passage of livestock (animal
path, shall not exceed 75 meters in width), animal EASEMENT OF LIGHT AND VIEW
trail (shall not exceed 37 meters and 50 sq. cm.) • period of prescription for the acquisition shall be
or any other, and those for watering places (shall counted:
not exceed 10 m), resting places and animal 1. from the time of opening of the window, if
folds, shall be governed by the ordinances and through a party wall
regulations relating thereto and in the absence 2. from the time of the formal prohibition upon
thereof, by the usages and customs of the place. the proprietor of the adjoining land, if window
is through a wall on the dominant estate
EASEMENT OF A PARTY WALL • when the distances in Art. 670 are not observed,
• A wall erected on the line between two adjoining the owner of a wall which is not a party wall can
properties belonging to different persons, for the make in it:
use of both estates. 1. openings to admit light at the height of the
• Governed by: ceiling joints or immediately under the ceiling,
1. the Civil Code, of the size of 30 centimeters square
2. local ordinances and customs 2. an iron grating embedded in the wall and with
3. the rules of co-ownership a wide screen
• Presumed, unless there is a title, or exterior • distance of 60 sq. cm. for side or oblique views
sign, or proof to the contrary: upon or towards such conterminous property
1. in dividing walls or adjoining buildings up • leave a distance of 2 meters if the windows,
to the point of common elevation apertures, balconies or other similar projections
2. in dividing walls of gardens or yards which afford a direct view upon or towards an
situated in cities, towns, or in rural adjoining land
communities
3. in fences, walls and live hedges dividing HOW EXTINGUISHED:
rural lands 1. merger
• IT IS UNDERSTOOD THAT THERE IS AN 2. non-user for ten years
EXTERIOR SIGN, CONTRARY TO THE 3. when easement can no longer be used
EASEMENT OF PARTY WALL WHENEVER: 4. expiration of the term or fulfilment of the
1. there is a window or opening in the dividing condition (if temporary or conditional)
wall of buildings 5. renunciation of the owner of the dominant
2. dividing wall is on one side straight and estate of the redemption agreed upon
plumb on all its facement, and on the other, it
has similar conditions on the upper part but
the lower part slants or projects outward Title VIII – NUISANCE
3. entire wall is built within the boundaries of
one of the estates NUISANCE is any act, omission, establishment,
4. the dividing wall bears the burden of the business, condition of property, or anything else
binding beams, floors and roof frame of one which: 1) injures or endangers the health or safety of
of the buildings, but not those of the others others 2) annoys or offends the senses 3) shocks,
5. the dividing wall between
QuickTime™ and a courtyards, defies or disregards decency or morality 4) obstructs
TIFF (Uncompressed) decompressor
gardens and are tenements is constructed in
needed to see this picture. or interferes with the free passage of any public
such a way that the coping sheds the water highway or street, or any body of water 5) hinders or
upon only one of the estates impairs the use of property.
6. the dividing wall, being built by masonry, has
stepping stones, which at certain intervals Lapse of time cannot legalize any nuisance, whether
project from the surface of one side only, but public or private
not on the other
7. the lands enclosed by fences or live hedges Kinds of Nuisances According To Number of
adjoin others which are not enclosed Persons Affected:
Page 80 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 81 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
Page 82 of 297