Conditions for a house to be the
subject of a chattel mortgage:
a. the parties to the contract so
agree
b. no innocent 3rd party will be
prejudiced
- one who has so agreed is estopped
from denying the existence of the
chattel mortgage
--------------------------
An object placed on land by one who
has only a temporary right to same,
such as a lessee or usufructuary,
does not become immobilized by
attachment.
In this case, if a house belonging to a
person stands on rented land
belonging to another person, it may
be mortgaged as a personal property
as stipulated in the document of
mortgage
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Under the Chattel Mortgage Law,
only chattels or personalty may be
object of a contract of chattel
mortgage.
Here, a building is certainly not a
chattel or personalty. It is realty by
incorporation.
- - - - - - - - - - - - -- - -- - - -- -- - - --
Under the law, the inclusion of
building as separate and distinct
from land can only mean that
building, by itself is an immovable
property.
Thus, a building may be mortgage
apart from the land on which it was
built.
- - - - - - - - - -- - - - - - - -- - - - - - - - - -
Under Art 415, the machineries must
be installed by the owner of the
tenement itself in order to be
considered as immovable.
Here, the machineries were mounted
by a tenant, usufructuary or any
person having only a temporary right.
---------------------------
If the mortgage is registered in the
Registry of Property, it constitutes a
real right over an immovable
property
- - - - - - -- - - - - - - - - - - - - -- - - - --
Growing crops for the purposes of
the Chattel Mortgage Law and of a
contract of sale are considered
personal property
-------------------------- -
A movable property must be
registered not only in the Chattel
Mortgage Register but also in the
office of the Collector of Customs at
the port of entry to be considered
immovable property.
Here, although…..
However, a steamship partakes of
the nature of immovable when it
comes to the requirement of
registration.
- - - - -- - - - - - - - - - - - - - - - - - - - -
-
Jurisprudence provides that a
property continues to be part of the
public domain until there is a formal
declaration on the part of the
government to withdraw it from being
such.
Categories of Public Property:
a. For Public Use
b. For Public Service
c. For Development of National
Wealth
Characteristics of Public Property:
a. beyond the commerce of man
b. they cannot be acquired by
prescription
c. they cannot be registered
under Torrens Title
Patrimonial Property:
* The property owned by the State
w/c is not devoted to public
use, public service, or the
development of national wealth.
* Patrimonial Property may be
alienated
* Patrimonial Property may be
acquired through prescription
Conversion of Property of Public
Domain to Patrimonial Property
• Only the executive and possible the
legislative departments have the
authority and power to make the
declaration
Action for Recovery of Personal
Property
*Replevin
Action for Recovery of Real
Property
*Forcible Entry
- A summary action to recover
material
or physical possession of real
property
when a person, originally in
possession
was deprived thereof by force,
intimidation, strategy, threat or
stealth
*Unlawful Detainer
-The action that must be brought
when
possession by a landlord, vendor,
vendee or
other person of any land or building
is being
unlawfully withheld after the
expiration or
termination of the right to hold
possession
*Accion Publiciana
-Intended for the recovery of the
better right to possess
*Accion Reinvidicatoria
-Action to recover ownership over
real property
Art. 429. The owner or lawful
possessor of a thing has the right to
exclude any person
from the enjoyment and disposal
thereof.
For this purpose, he may use such
force as may be reasonably
necessary to repel or prevent an
actual or threatened unlawful
physical invasion or usurpation of his
property.
Art. 430. Every owner may enclose
or fence his land or tenements by
means of walls,ditches, live or dead
hedges, or by any other means
without detriment to servitudes
constituted thereon.
A person who, in order to avoid an
evil/injury, does an act w/c causes
damage to another does not incur
criminal liability provided that the
following requisites are present
 The evil sought to be
avoided actually exists
 The injury feared be
greater than that done
to avoid it
 There be no other
practical and less
harmful means of
preventing it
Art. 442. Natural fruits are the
spontaneous products of the soil,
and the young and other products of
animals.
Industrial fruits are those produced
by lands of any kind through
cultivation or labor.
Civil fruits are the rents of buildings,
the price of leases of lands and other
property and
the amount of perpetual or life
annuities or other similar income.
GR: the owner of land owns the fruits
Exceptions (when it is not the
owner who owns the fruits):
1. possessor in good faith of the land
(he owns the fruits already received)
2. usufructuary
3. lessee gets the fruits of the land
(the owner gets the civil fruits in the
form rentals)
4. in the contract of antichresis, the
antichretic creditor gets the fruits,
although said fruits should be applied
1st to the interest, if any is owing and
then to the principal amount of the
loan
Art. 439. By treasure is understood,
for legal purposes, any hidden and
unknown deposit of money, jewelry,
or other precious objects, the lawful
ownership of which does not appear.
- - - - - - - - - - - - - - - -- - - - - - - - -- -
Requisites to validly be entitled to
hidden treasure:
a. treasure consist of mjop
b. hidden and unkown
c. lawful ownership does not
appear
d. discovery must be by chance
e. discoverer must be a stranger
not a trespasser
------------------------- --
Annual Crops:
Have to be planted each year
Perennial Crops
Grow each year w/o need of
replanting
Outline of Accession Industrial Damages reimbursement
Art 447. B) Removal + of necessary
Damages expenses for
Owner of Land Owner of C) Compel preservation of
who BPS with Materials Price of the land
materials of Land or
another Rent +
GF: Right of GF: A) Right of Damages
Appropriation Reimbursement
Person cannot be obliged to buy the
B) Limited Right of land if it is considerably more than
Removal the value of the garage.
BF: No Right GF: A) Right of
Reimbursement +
Damages Rights of the Owner of the
Materials
B) Absolute Right
of Removal + If he acted in If he Acted in
Damages Bad Faith Good Faith
He loses his right He is entitled to
to be indemnified reimbursement
Art 448. from the BPS
Owner of Land Owner of Principally
Materials who
BPS in the If BPS is
land of insolvent,
another landowner is
GF: GF: subsidiarily
A) Right to A) If first liable.
Appropriate option
B) Right to elected:
Demand Right of - ------------------------
Price of land Reimbur --
/ Rent sement
of During period of retention, the fruits
necessa pertain to the owner of the land.
ry and
useful The law provides that only a
expense possessor in good faith is entitled to
s the fruits of the property.
B) Right of
Retentio Here, the BPS in no longer in good
n faith; he is already aware that he is
GF: BF: in possession of said property
A) Appropriatio No right except wrongfully.
n+ for
- - - -- - - - - -- - - - - - - - - - - - - - - -
During the period of retention, the
builder, planter or sower cannot be
compelled to pay rental.
The law provides…
Here, the right of retention is a
security for the payment of the
required indemnity.
- - - - - - -- - - - - - - - - - -- - - - - -
The law provides… Art 445
Here, the law does not state that
which would justify the conclusion
that upon failure of the builder to pay
the value of the land, when
demanded by the owner, the latter
becomes automatically the owner of
the improvement.
- - - - -- - - - - - - - - - - - - - - - -- - - -
- value of things mixed or
Accretion does not automatically
become registered land just
because the land which receives it is
covered by a Torrens Title.
The law provides that land must be
placed under the operation of
registration laws to obtain protection
of imprescriptibiliy.
- - - - - -- - - - - - - - - - - - - - - - - -
1 – Owner of the principal
acquires the accessory by
indemnifying the owner for its value
2 – if they can be separated, the
respective owners may demand
their separation.
3 – if accessory is much more
precious than the principal thing,
the owner of the principal may
demand its separation even though
the thing may suffer injury.
If the accessory owner acted in
bad faith:
Lose thing + Damages
If the principal owner acted in bad
faith:
Payment or Separation + Damages
- - - - -- - - - - - - - - - - - - - - - - - - -- - -
Commixtion or Confusion
inseperable without injury:
co-owners and acquire
proportional rights based on the
confused
insperable with bad faith
lose the thing owned by him +
damages
Specification
1 – appropriate thing as own by
indemnifying the owner for its
value
2 – if material is more precious
than the transformed thing,
appropriate the new thing for himself
or
demand indemnity for the material
3 – if artist in bad faith,
the owner of the materials may:
appropriate for himself
demand indemnity for the materials
damages
- - - - - - - - - -- - - - - - - - - - - - - - - --
The law provides that the share of
the co-owners in the benefits and
chargers arising from the co-
ownership shall be proportional to
their respective interest and any
stipulation to the contrary shall be
void.
- - - - - - - - - - -- - - - - - - - - - - - - - -
- The law states that act of
GR: interest are presumed equal
unless the contrary is proved
- - - - - - - - - - - - - - - - - -- - - - - - - - -
The law provides that the thing
should used only:
1) in accordance to its purpose
2) in such a way that it does not
injure the interest of the other
co-owners
3) in such a way that it does not
prevent the co-owner from
using it according to their
rights
- ------------------------
It is a well-settled principle that a
co-owner may compel the other
co-owners to contribute to the
expenses for preservation of the
thing owned in common and
taxes.
--------------------------
Under the law, a co-owner may
exempt himself from the payment
of these obligation provided that
he renounces his undivided
interest equivalent to the share in
expenses and taxes.
No waiver shall be made if it
prejudicial to the co-ownership
- - - -- - - - -- - - - - - -- - - - - - - - - - - -
The law provides that repairs for
preservation may be made with
the consent of one co-owner.
alteration or ownership must be
decided by all the co-owners.
The law states that expenses for
embellishment / acts of
administration for the things shall
be made by the (financial)
majority of the co-owners.
- - - - - - - - - - - - - - - - - - - - - - - -- - -
The law states that each co-owner
has full ownership of his part and
even alienate, assign, or
mortgage, and substitute another
in its enjoyment except when
personal rights are involved.
---------------------------
The law states that the alienation
or mortgage shall be limited to
the portion that may be allotted
to him in the division upon
termination of the co-ownership.
- - - - - - -- - - - -- -- -- -- - - - - - - - -
partition not allowed
The law provides that partition is
not allowed when the co-owners
agreed to keep the thing
undivided for 10 years.
The law provides that partition is
not allowed when the donor or
testator prohibited it for a period
not exceeding 20 years.
The law provides that partition is
prohibited when it would render
the thing unserviceable for the
use intended
- ------------------------
Lease of personal property is an
act of administration which
requires the consent of the
majority of the co-owners.
However, lease of real property
may be an act of administration or
an act of alteration depending on
each particular case.
In this case, if the lease is
recorded in the Registry of
Property or it exceed more than
one year, it can be considered an
act of alteration.
---------------------------
The law provides that a co-woner
may exercise the right of
redemption in case the shares of
the co-owners are sold to a third
person.
- - - - - - -- - - - - -- - - - - - - - - - - - -
--
The law provides that a co-owner
may acquire exclusive ownership
over the property owned in
common when the following
conditions are present:
A) he clearly repudiates the
rights of the co-ownership
B) repudiation is
communicated to co-
owners
C) evidence is clear and
conclusive
D) he may be able to acquire
exclusive ownership over
the property after the lapse
of the period prescribed by
law
- - - - - - - -- - - - - - - -- - - - - -- - - - -
Possession
Good faith – when the possessor is
unaware that there is a flaw or defect
in his title or mode of acquisition that
invalidates it.
Conflict Of Possession:
Heirarchy of preference:
1. present possessor
2. one longer in possession
3. one who presents a title
4. if all conditions are equal,
thing will be placed in judicial
deposit pending determination